Legal Interpretations
Hemlich 2000
Summary
The Question
Is an ATC authorized deviation, or waiver, from the transponder requirement issued under 14 CFR 91.215 a valid waiver for operating in Class C airspace?
Background
A requester asked about transponder requirements for civil aircraft operating in Class C airspace and questioned the validity of a waiver issued under 14 CFR 91.215.
The FAA’s Interpretation
Yes. 14 CFR 91.215 requires an operable coded radar beacon transponder in Class A, B, and C airspace, but 14 CFR 91.215(d) specifically provides for ATC authorized deviations, so any waiver the FAA issues under that section is considered valid. These waivers are issued by the local ATC facility, and the process may vary by facility for operational reasons.
- Requester
- Hemlich
- Issued
- March 16, 2000
- Subject
- General Operating & Flight Rules
Regulations Cited
Page 1
MAR 1 6 2000
Mr. Bruce L. Helmich
Dear Mr. Helmich:
This is in response to your January 3 request for an interpretation concerning the transponder requirements for civil aircraft operating in Class C airspace. Specifically, you question the validity of a waiver issued under section 91.215 of Title 14 of the Code of Federal Regulations (CFR).
Section 91.215, in pertinent part, requires an operable coded radar beacon transponder for all aircraft operating in Class A, Class B, and Class C designated airspace. Paragraph (d) of this section provides for air traffic control (ATC) authorized deviations from this requirement under certain conditions as follows:
(d) ATC authorized deviation. Requests for ATC authorized deviation must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows:
For operation of an aircraft with an operating transponder but without an operating automatic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time.
(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(3) For operation of an aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation. Section 91.215 specifically provides for the issuance of an ATC authorized deviation or waiver from the transponder in view of the above-cited circumstances. Any waiver issued by the FAA under this section is considered a "valid" waiver. Please be advised that these waivers are issued by the local facility and that for operational reasons, the process may vary depending on the facility. I urge you to contact the appropriate facility for your operation as soon as possible to discuss the process for obtaining the necessary authorization.
Page 2
If you have questions concerning this matter, please contact Ms. Lorelei Peter at 202-267-3073.
Sincerely,
Donald P. Byrne
Assistant Chief Counsel for Regulations
Office of the Chief Counsel
Regulations Referenced
Snapshot retrieved August 6, 2026.