Exemption No. 13335

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

INSITU, INC.

for an exemption from Section 91.215(a) of 

Title 14, Code of Federal Regulations

Regulatory Docket No. FAA−2015-2904

GRANT OF EXEMPTION

By letter posted to the docket on July 14, 2015, Mr. Thomas Murray, System Safety and 

Certification Engineer, Insitu, Inc. (Insitu) (a subsidiary of The Boeing Company) 118 East 

Columbia River Way, Bingen, WA 98605, petitioned the Federal Aviation Administration 

(FAA) for an exemption from § 91.215(a), of Title 14, Code of Federal Regulations (14 CFR). 

The proposed exemption, if granted, would allow the petitioner to operate an Insitu Type 

Certificated ScanEagle X200 unmanned aircraft (UA) (Type Certificated Data Sheet (TCDS)

No. Q00017LA) equipped with a Sagetech XPC-TR-50 Transponder which does not meet the 

Technical Standard Order (TSO) performance and environmental requirements required under

§ 91.215(a).

The petitioner requests relief from the following regulation[s]:

14 CFR § 91.215(a) prescribes, in pertinent part, that the Air Traffic Control (ATC)

transponder equipment installed must meet the performance and environmental requirements 

of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode A with altitude 

reporting capability) as appropriate, or the appropriate class of TSO-C112 (Mode S).
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The petitioner supports its request with the following information:

The petitioner proposes to operate an Insitu ScanEagle X200 UA, type certificated in the 

restricted category, equipped with a Sagetech XPC-TR-50 Transponder that does not meet 

the required TSO performance and environmental requirements. The petitioner plans to 

perform surveillance of tracks owned by Burlington Northern Santa Fe (BNSF) Railway 

along a 130-mile route in a remote area in Eastern New Mexico utilizing the ScanEagle 

equipped with the Sagetech XPC. The Petitioner submitted documentation which it states 

shows that the Sagetech XPC behaves per the performance expectations cited in Radio 

Technical Commission for Aeronautics (RTCA) DO-144A. The petitioner states that the 

transponder will enhance the ScanEagle’s visibility on radar and increase the operational 

safety by permitting ATC radar to observe the unmanned aircraft system (UAS) and allowing 

other aircraft equipped with Traffic Collision Avoidance Systems (TCAS) to observe the 

ScanEagle during its proposed beyond visual-line-of-sight (BVLOS) flight operations.

Insitu included three appendices with its petition in support of its request for an exemption:

1) Appendix A: Department of Defense, International AIMS Program Office Memo for 

PMA263, Box level certification.

2) Appendix B: Department of Defense, International AIMS Program Office Memo for 

PMA263, Platform level certification (NOTE: the platform level documentation 

pertains to a different Insitu aircraft).

3) Appendix C: Sagetech XPC transponder specification sheet.

The petitioner proposes to use a Sagetech XPC-TR-50 transponder that is not TSO compliant 

as required by § 91.215(a). According to Insitu, the supplier of the transponder is in the 

process of applying for a TSO authorization for a later, but similar, model transponder;

however that application process is not expected to be completed until December of 2016. 

Insitu has provided documentation indicating the Sagetech XPC meets the performance 

characteristics of DO-144A. Further, the petitioner submitted documentation from the 

Department of Defense (DoD) granting the XPC an AIMS certification (Air Traffic Control 

Radar Beacon System, Identification Friend or Foe, Mark XII/XIIA, Systems) at the “box” 

and “platform” level (via the Insitu Integrator/STUAS-RQ-21 aircraft) and noting DoD test 

results that meet RTCA DO-144A requirements for Model 3/A and C. Insitu also stated that 

the Sagetech XPC is designed and built to RTCA DO-144A.

Insitu also discussed its own testing of the XPC at the Navy Boardman Test Range noting that 

FAA ATC at Richland, WA have seen the ScanEagle aircraft, received the correct ATC 

codes, and recognized the “IDENT’ signal upon direction to ScanEagle pilots.
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The petitioner stated it has used this transponder for more than 10 years, including more than 

834,000 flight hours, in a variety of aviation settings where other aircraft transponders and 

ATC services are present. These operations were conducted in military settings and civilian 

airspace in multiple countries. It also indicates that in its experience the Sagetech XPC 

transponder behaves as expected per DO-144A.

Insitu indicates it will be operating with the transponder in a limited geographical area where 

a transponder would not otherwise be required. The area of operation identified is located 

over a 130 mile portion of the BNSF railway in eastern New Mexico.

Insitu, which will be operating the aircraft under the FAA’s UAS Pathfinder program, 

indicates that an exemption allowing use of the Sagetech transponder would contribute to a 

safer flight environment. With its aircraft equipped with the transponder it will be visible to 

local ATC with radar coverage, will provide a distinct target for ATC, and will allow the 

aircraft to show on the displays of aircraft equipped with that functionality.

Public Comments

A summary of the petition was published in the Federal Register on August 7, 2015

(80 FR 47554). No comments were received. 

The FAA’s analysis is as follows:

The petitioner requests relief from 14 CFR § 91.215(a), ATC transponder and altitude 

reporting equipment and use because its Restricted Category UAS is equipped with a 

transponder that does not meet the performance and environmental requirements of TSOC74b, TSO-C74c or TSO-C112. The petitioner states that the Sagetech XPC transponder 

behaves per the performance expectations cited in DO-144A. Based on the information 

submitted by the petitioner, testing performed by the FAA, the operating environment, and the 

petitioner’s work with the agency in preparing for these operations, the FAA has determined 

that permitting operations with the non-TSO compliant transponder will not adversely affect 

safety. 

The documentation submitted by the petitioner details DoD testing and “box level” 

certification of the Sagetech XPC-TR-50 transponder. This testing showed that the Sagetech 

XPC-TR-50 Mode C Transponder, Assembly Version 1.7.8 and Product Version 4.1, met 

AIMS Program Office “box level” certification for Modes 3/A and C only.
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Additionally, Insitu’s operating history with this transponder and its flight testing with FAA 

ATC at Richland, WA showed that operations at the US Navy Boardman Test Range were 

accurately observed by the FAA ATC services at Richland, WA. Air Traffic services 

received the correct ATC codes, and recognized the “IDENT” signal operated in “Mode 3/C,” 

upon direction to ScanEagle pilots.

The FAA also performed air traffic control radar beacon system (ATCRBS) DO-144A 

Minimum Operational Performance Standards (MOPS) bench tests of the Sagetech XPC-TR1.

The transponder was not tested for verification of altitude. There were test cases in the 

suppression verification tests §2.4.5.3 and §2.4.5.4 that missed required performance, but 

these results will not adversely affect the performance of the Sagetech XPC transponder in the 

remote area of operation under the specified conditions and limitations due to the limited 

interaction with other aircraft at the low operating altitude and the remote operating area of 

the UA.

Insitu will be operating in a remote area described in the aircraft’s type certificate as the “New 

Mexico Railroad Area.” This area extends from Clovis, NM to Belen, NM, the eastern and 

western termini, and 1 nautical mile to each side of the railroad tracks. Under the terms of its 

type certificate, the ScanEagle will be operated below 1,200 feet above ground level within 

this Class G airspace. Class G airspace in the operational area does not require the use of a 

transponder, however the FAA agrees with the petitioner that the use of this transponder will 

enhance the safety of the proposed operation by providing additional “visibility” of the 

ScanEagle X200 aircraft to other aircraft in the proposed flight location through TCAS 

equipage. Where radar is available, ATC facilities will be able to identify the ScanEagle’s

position and disseminate this to participating visual flight rules traffic. Documentation 

provided by the petitioner shows that this transponder has been used in a variety of aviation 

settings where ATC and other aircraft are present.

The FAA has determined that the ScanEagle equipage utilizing the Sagetech XPC will not 

adversely affect safety because this transponder performs many of the requirements of a TSO

compliant transponder and there are additional risk mitigations in place as part of the type 

certificate and Certificate of Waiver or Authorization (COA).

The conditions assigned to the operation by the COA require issuance of a Notice to Airmen 

prior to operations, coordination and deconfliction with military training routes, position 

reporting during operations, and common traffic advisory frequency (CTAF) monitoring. 

These procedures help to ensure safe operations.

 

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The FAA Test Summary for ATCRBS DO-144A MOPS Tests has been placed in Docket FAA-2015-2904
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Insitu could comply with § 91.215(a) by not equipping with a transponder. However, given 

the nature of the operations equipping with the Sagetech XPC will provide safety benefits 

even though it does not meet the appropriate TSO specified in the rule. The ability of ATC

and potentially other operators to see the UAS supplement the conditions and procedures in 

the type certificate and COA and mitigate the risk of the operation. The FAA consulted 

Cannon Air Force Base (at the Eastern end of the flight path) on the intended operations 

conducted under this exemption, who provided its support of the use of a transponder for 

tracking and added situational awareness.

Based on the FAA conducted bench test, flight test, and the DoD’s “box level” certification of 

the Sagetech XPC-TR-50, the FAA finds that the use of the ScanEagle X200 with a Sagetech 

XPC-TR-50 for the operations specifically discussed in the petition would not adversely 

affect safety.

Public Interest

These operations are being conducted as part of FAA’s Pathfinder program which is intended 

to explore the next steps in UA operations beyond the type of operations the agency proposed 

in the draft small UAS rule published in February 2015. BNSF is the FAA’s Pathfinder 

Partner for this Focus Area. Research activities associated with Focus Area Pathfinder 3 are 

governed by a Cooperative Research and Development Agreement (CRDA) established 

between the FAA and BNSF. The operational intent is to use UAS to perform long-range rail 

system and infrastructure inspections BVLOS to enhance the safety and efficiency of the 

railroad operations. The data collected through the Pathfinder Project will provide valuable 

knowledge for the development of future UAS BVLOS operations and integration of UAS 

into the NAS. 

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Insitu, Inc. is granted an exemption from 14 CFR

§ 91.215(a) to the extent necessary to allow the petitioner to operate an Insitu ScanEagle 

X200 aircraft, type certificated in the restricted category, with a Sagetech XPC-TR-50 

transponder. This exemption is subject to the conditions and limitations listed below.
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Conditions and Limitations

1. Operations authorized by this grant of exemption are limited to Insitu, Inc. ScanEagle 

model X200, type certificated in the restricted category under Type Certificate Data 

Sheet number Q00017LA, equipped with a Sagetech XPC-TR-50 transponder.

2. The Insitu ScanEagle must be operated in accordance with the Type Certificate Data 

Sheet (TCDS) number Q00017LA, and all limitations therein.

3. All operations shall be conducted in accordance with the Air Traffic Organization

(ATO) Certificate of Waiver or Authorization (COA) issued for the operations 

discussed in this exemption. 

Unless otherwise specified in this grant of exemption or the FAA attached COA, the UAS, the 

UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR 

including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.

Issued in Washington, DC, on October 23, 2015.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service