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Bingen, WA 98605

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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 eastern 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 under part 121 or 135 of this 

chapter, ATC transponder equipment installed must meet the performance and environmental 
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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).

(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 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 specified 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 reporting 

equipment having a Mode C capability that automatically replies to Mode C interrogations 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 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 

engine-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 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 certified 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 airport.

(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 transponder 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 used by 

Insitu Type Certificated ScanEagle X200 aircraft (TCDS Q00017LA) is a similar but earlier version of the 
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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-Sight (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 (Air Traffic Control Radar Beacon System, Identification 

Friend or Foe, Mark XII/MarkXIIA, Systems): 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 using 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-144A. The other aircraft 

situations have included both military settings and civilian airspace in multiple countries.

5. Insitu’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 Richland, 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. Insitu will utilize the Sagetech transponder in a very limited geographical area in eastern New 

Mexico—the red line shows 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 possesses 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 X200 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 ScanEagle flight pathway as needed to avoid other aircraft traffic.

For properly equipped aircraft, the ScanEagle X200 aircraft with a transponder will show on their displays, 

providing additional situational awareness for those aircraft.
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(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 description 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 ScanEagle 

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 information, 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 the defined airspace.

(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 located in eastern New Mexico. Other countries, due to 

the military lineage of the ScanEagle X200 aircraft with Sagetech transponder, have already accepted use of the 

transponder.

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

Appendix A

The AIMS certification for the XPC transponder at the “box” level is included:
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ScanEagle 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 transponder AIMS certification does include an actual platform.
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ScanEagle X200 Transponder Exemption Request 10 of 10

Appendix C

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