JO 7110.65 5-2-19

Apply the following procedures to requests to deviate from the Mode C transponder requirement by aircraft operating in the airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL and below 18,000 feet MSL, excluding the airspace at and below 2,500 feet AGL.

NOTE-

14 CFR section 91.215(b) provides, in part, that all U.S. registered civil aircraft must be equipped with an operable, coded radar beacon transponder when operating in the altitude stratum listed above. Such transponders must have a Mode 3/A 4096 code capability, replying to Mode 3/A interrogation with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC. The aircraft must also be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100‐foot increments.

The exception to 14 CFR section 91.215 (b) is 14 CFR section 91.215(b)(5) which states: except balloons, gliders, and aircraft without engine‐driven electrical systems.

REFERENCE-

FAA Order JO 7210.3, Chapter 20, Temporary Flight Restrictions.

Except in an emergency, do not approve inflight requests for authorization to deviate from 14 CFR section 91.215(b)(5)(i) requirements originated by aircraft without transponder equipment installed.

Approve or disapprove other inflight deviation requests, or withdraw approval previously issued to such flights, solely on the basis of traffic conditions and other operational factors.

Adhere to the following sequence of action when an inflight VFR deviation request is received from an aircraft with an inoperative transponder or Mode C, or is not Mode C equipped: Suggest that the aircraft conduct its flight in airspace unaffected by the CFRs.

Suggest that the aircraft file an IFR flight plan.

Suggest that the aircraft provide a VFR route of flight and maintain radio contact with ATC.

Do not approve an inflight deviation unless the aircraft has filed an IFR flight plan or a VFR route of flight is provided and radio contact with ATC is maintained.

You may approve an inflight deviation request which includes airspace outside your jurisdiction without the prior approval of the adjacent ATC sector/facility providing a transponder/Mode C status report is forwarded prior to control transfer.

Approve or disapprove inflight deviation requests within a reasonable period of time or advise when approval/disapproval can be expected. REFERENCE-

FAA Order JO 7110.65, Para 5-3-3 , Beacon/ADS-B Identification Methods.