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## Docket Management Facility US Department of Transportation 1200 New Jersey Avenue SE West Building Ground Floor Room W12

- 140 Washington, DC 20590



## Application for Exemption for 14 CFR 91.215(a)

References

a) 14 CFR 11.81 b) Guidelines for Submitting a Petition for Exemption: http://aes.faa.gov/petition/home.html c) 14 CFR 91.215

Insitu is applying for an exemption related to 14 CFR 91.215 with regard to a Sagetech transponder that
lacks a TSO (Technical Standard Order)

. However, the Sagetech XPC transponder was designed to and behaves per RTCA DO

- 144A. The exemption would apply to a very localized area in easter n New Mexico for an operation to perform surveillance of railroad tracks owned by BNSF (a national railroad with 32,000 miles of tracks)

. In addition, the time period for actual operation would align with the requested COA: approximately 1 August 2015 through 1 August 2017.

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e

- mail address;

Thomas Murray Systems Safety and Certification Engineer Insitu, Inc (a subsidiary of The Boeing Company) 118 East Columbia River Way, Bingen, WA 98605
Phone: 509

- 493

- 9627 Email: Thomas.Murray@Insitu.com

(b) The specific section or sections of 14 CFR from which you seek an exemption ; Insitu seeks exemption from 14 CFR 91.215(a) , specifically with regard to the TSO for a transponder.
91.215 ATC transponder and altitude reporting equipment and use. (a) All airspace: U.S.

- registered civil aircraft. For operations not conducted unde r part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance and environmentalScanEagle X200 Transponder Exemption Request 2 of 10

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 ap propriate class of TSO

- C112 (Mode S). (b) All airspace. Unless otherwise authorized 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 aircraft is equipped with a n 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 specified by ATC and interm ode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogat ions by transmitting pressure altitude information in 100

- foot increments. This requirement applies

— (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 appen dix 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 engine

- driven electrical system or which has not subsequently been ce rtified 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 boundari es of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and (5) All aircraft except any aircraft which was not originally certificated with an engine

- driven electrical system or which has not subsequently been certifie d with such a system installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and (ii) In the airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that a irport. (c) Transponder

- on operation. While in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained
in accordance with §91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC.

(c) The extent of relief you seek, and the reason you seek the relief; Insitu proposes to use a Sagetech tran sponder that does not possess a TSO authorization as cited in 91.215(a). The supplier of the transponder is in the process of obtaining a TSO authorization ; however, that application process is not expected to be completed until at least December 2016. Furthermore, the transponder us ed by
Insitu Type Certificated ScanEagle X200 aircraft (TCDS Q00017LA) is a similar but earlier version of the3

transponder for which Sagetech is seeking a TSO. Insitu requests that the exemption be available from 1 Aug 2015 through 1 Aug 2017, aligned with the COA for the BNSF New Mexico Beyond Visual Line

- of

- Sig ht (BVLOS) operations.

1. Insitu seeks this relief because the evidence indicates that the Sagetech “XPC” Transponder meets the performance characteristics of DO

- 144A. The “XPC” transponder has received an US Department of Defense AIMS certification ( A ir Traffic Control Radar Beacon System, I dentification Friend or Foe, M ark XII/MarkXIIA, S ystems) : at the “box” level and “platform ” level (via the Insitu Integrator/STUAS

- RQ

- 21 aircraft). The AIMS certification at the “box” level is included in Appendix A. Although not directly applicable, the “platform” level (for the Integrator/STUAS/RQ

- 21) is included in Appendix B simply to note that the Sagetech XPC transponder includes a platform level
certification

. 2. The Sagetech XPC transponder is designed and built to RTCA DO

- 144A. The technical specification sheet for the Sagetech XPC transponder is included in Appendix C.
3. The ScanEagle X200 aircraft with the Sagetech XPC transponder passed all box and platform level testing usi ng the AEROFLEX IFR 6000 Ramp Test Set. The AEROFLEX IFR 6000 Ramp Test Set was
within its calibration window for all tests.

4. Insitu has used this Sagetech transponder for more than 10 years (for the ScanEagle X200 aircraft, the transponder includes 834,000 + flight hours) in a variety of aviation settings where other aircraft transponders and air traffic control services are present. All usage to date in those environments indicates that the Sagetech XPC transponder behaves as expected per DO

- 144 A. The other aircraft situations have included both military settings and civilian airspace in multiple countries.
5. Insi tu’s own testing of the XPC transponder in a ScanEagle X200 aircraft for the military at the US Navy Boardman Test Range has shown that the FAA Air Traffic Control services at Richl and, WA, have seen the ScanEagle aircraft, received the correct ATC codes, and recognized the “IDENT” signal upon direction to ScanEagle pilots (via the radar located at Fossil, OR). The ScanEagle typically operates the XPC transponder in “Mode 3/C.”
6. Insit u will utilize the Sagetech transponder in a very limited geographi cal area in eastern New
Mexico

— the red line show s the railroad track pathway that the ScanEagle X200 aircraft will follow :ScanEagle X200 Transponder Exemption Request 4 of 10

A Google Earth representation shows the same area:

7. Although a transponder is not required in this airspace, a 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 region.

(d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole; An additional “layer” of safety offered by use of the Sagetech transponder would contribute to a safer flight
environment. Where local air traffic control possess es radar coverage , the ScanEagle X200 aircraft will display on that radar. Furthermore, with the ability to insert the transponder code as directed by ATC, the ScanEagle X200 aircraft will provide a distinct target for ATC. Plus, the ScanEagle X20 0 pilot will be in contact with local ATC, and the ScanEagle pilot can perform the “IDENT” function as directed by ATC. Finally, the ScanEagle X200 pilot, upon direction by ATC, can alter the Sca nEagle flight pathway as needed to avoid other aircraft traffi c.

For properly equipped aircraft, the ScanEagle X200 aircraft with a transponder will show on their displays, providing additional situa tional awareness for those aircraft.5

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption; Since the evidence indicates that the Sagetech XPC transponder behaves per the performance expectations
cited in DO

- 144A, there is no adverse impact to safety. Indeed, adding the transponder should produce added safety benefit to all aviation participants in the identified central, eastern New Mexico airspace.

(f) A summary we can publish in the Federal Register, stating:

(1) The rule from which you seek the exemption; and Insitu requests an exemption to 14 CFR 91.215(a) for a transponder that currently lacks a TSO authorization . The supplier of the transponder has applied for a TSO authorization , and there is an expectation that the TSO will be received by December 2016. Insitu requests that the exemption be available from 1 August 2015 through 1 August 2017, aligned with the COA for this operation. (2) A brief d escription of the nature of the exemption you seek; Insitu seeks to use a Sagetech XPC transponder that does not possess a TSO; yet, the evidence indicates that the transponder behaves per the performance expectations cited in RTCA DO

- 144A. Allowing the S canEagle X200 aircraft to use the Sagetech XPR transponder will increase the operational safety of the proposed Beyond
Visual Line

- of

- Sight (BVLOS) flight operations in central, eastern New Mexico: an area bounded by Clovis, NM, and Belen, NM.

(g) Any additional i nformation, views or arguments available to support your request; and
It is Insitu ’ s intent to perform the BVLOS flights in central, eastern New Mexico with flight safety as the driving
force for all operations. It is Insitu ’ s experience (834,000+ flight hours) that using the Sagetech XPC transponder will only enhance flight safety for all users of th e defined air space.

(h) If you want to exercise the privileges of your exemption outside the United States, the reason why you
need to do so. Insitu will only apply this exemption to a specific area loca ted in eastern New Mexico. Other countries, due to the military l in eage of the ScanEagle X200 aircraft with Sagetec h transponder, have already accepted use of the transponder.

http://aes.faa.gov/petition/home.htmlScanEagle X200 Transponder Exemption Request 6 of 10

Appendix A The AIMS certification for the XPC transponder at the “box” level is included:7ScanEagle X200 Transponder Exemption Request 8 of 10

Appendix B
The AIMS certification for the XPC transponder at the “platform” level is included. Insitu fully recognizes that the platform level certification applies to a different Insitu aircraft. The AIMS certification for this other aircraft is included simply to show that the Sagetech t ransponder AIMS certification does include an actual platform.9ScanEagle X200 Transponder Exemption Request 10 of 10

Appendix C The specification sheet for the XPC transponder per Sagetech is included: