Robert C. Suess dba BSS Aerial 

2134 S. Midland Dr. #139 

Midland, TX 79703 

Email: bob@bssaerial.com 

432-250-8246 

January 15, 2016 

Addendum A 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave; SE 

Washington, DC. 20590 

RE: CFR 14 Chapter 1 regulations as referenced in the Exemption 333 for Robert C. Suess dba 

BSS Aerial. 

§23.1 to 23.1589 

Please see regulations to save paper. 

§61.113 Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section,· no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

§91.119 Minimum safe altitudes: General. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. 

§91.121 Altimeter settings. 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating-

(1) Below 18,000 feet MSL, to-

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft; 
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure; or 

(2) At or above 18,000 feet MSL, to 29.92" Hg. 

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation 

as shown in the following table: 

Current altimeter setting Lowest usable flight level 

29.92 (or higher) 180 

29.91 through 29.42 185 

29.41 through 28.92 190 

28.91 through 28.42 I 195 

28.41 through 27.92 200 

27.91 through 27.42 205 

27.41 through 26.92 210 

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, 

the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate 

number of feet specified below, according to the current reported altimeter setting: 

Current altimeter setting Adjustment factor 

29.92 (or higher) None 

29.91 through 29.42 500 

29.41 through 28.92 1,000 

28.91 through 28.42 1,500 

28.41 through 27.92 2,000 

27.91 through 27.42 2,500 

27.41 through 26.92 3,000 

§91.126 Operating on or in the vicinity of an airport in Class G airspace. 

(a) General. Unless otherwise authorized or required, each person operating an aircraft on or in 

the vicinity of an airport in a Class G airspace area must comply with the requirements of this 

section. 
§91.127 Operating on or in the vicinity of an airport in Class E airspace. 

(a) Unless otherwise required by part 93 of this chapter or unless otherwise authorized or required by 

the ATC facility having jurisdiction over the Class E airspace area, each person operating an 

aircraft on or in the vicinity of an airport in a Class E airspace area must comply with the 

requirements of §91.126. 

§91.129 Operations in Class D airspace. 

(a) General. Unless otherwise authorized or required by the ATC facility having jurisdiction over the 

Class D airspace area, each person operating an aircraft in Class D airspace must comply with 

the applicable provisions of this section. In addition, each person must comply with §§91.126 and 

91.127. For the purpose of this section, the primary airport is the airport for which the Class D 

airspace area is designated. A satellite airport is any other airport within the Class D airspace 

area. 

§91.130 Operations in Class C airspace. 

(a) General. Unless otherwise authorized by ATC, each aircraft operation in Class C airspace must 

be conducted in compliance with this section and §91.129. For the purpose of this section, the 

primary airport is the airport for which the Class C airspace area is designated. A satellite airport 

is any other airport within the Class C airspace area. 

§91.151 Fuel requirements for flight in VFR conditions. 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed-

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 20 minutes. 

§91.153 VFR flight plan: Information required. 

(a) Information required. Unless otherwise authorized by ATC, each person filing a VFR flight plan 

shall include in it the following information: 

(1) The aircraft identification number and, if necessary, its radio call sign. 

(2) The type of the aircraft or, in the case of a formation flight, the type of each aircraft and the 

number of aircraft in the formation. 

(3) The full name and address of the pilot in command or, in the case of a formation flight, the 

formation commander. 
(4) The point and proposed time of departure. 

(5) The proposed route, cruising altitude (or flight level), and true airspeed at that altitude. 

(6) The point of first intended landing and the estimated elapsed time until over that point. 

(7) The amount of fuel on board (in hours). 

(8) The number of persons in the aircraft, except where that information is otherwise readily 

available to the FAA. 

(9) Any other information the pilot in command or ATC believes is necessary for ATC purposes. 

(b) Cancellation. When a flight plan has been activated, the pilot in command, upon canceling or 

completing the flight under the flight plan, shall notify an FAA Flight Service Station or ATC facility. 

§91.155 Basic VFR weather minimums. 

(a) Except as provided in paragraph (b) of this section and §91.157, no person may operate an 

aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that 

prescribed for the corresponding altitude and class of airspace in the following table: 

Flight Distance from 

Airspace visibility clouds 

Class A Not Not Applicable. 

Applicable 

Class B 3 statute Clear of Clouds. 

miles 

Class C 3 statute 500 feet below. 

miles 

1 , 000 feet above. 

2,000 feet 

horizontal. 

Class D 3·statute 500 feet below. 

miles 

1 ,000 feet above. 

2,000 feet 

horizontal. 

Class E: 

Less than 10,000 feet MSL 3 statute 500 feet below. 

miles 

1 , 000 feet above. 

2,000 feet 

horizontal. 
At or above 10,000 feet MSL 5 statute 1, 000 feet below. 

miles 

1, 000 feet above. 

1 statute mile 

horizontal. 

Class G: 

1,200 feet or less above the surface (regardless of MSL 

altitude) 

For aircraft other than helicopters: 

Day, except as provided in §91.155(b) 1 statute mile Clear of clouds. 

Night, except as provided in §91.155(b) 3 statute 500 feet below. 

miles 

1,000 feet above. 

2,000 feet 

horizontal. 

For helicopters: 

Day 1/2 statute Clear of clouds 

mile 

Night, except as provided in §91.155(b) 1 statute mile Clear of clouds. 

More than 1,200 feet above the surface but less than 

10,000 feet MSL 

Day 1 statute mile 500 feet below. 

1, 000 feet above. 

2,000 feet 

horizontal. 

Night 3 statute 500 feet below. 

miles 

1, 000 feet above. 

2,000 feet 

horizontal. 

More than 1,200 feet above the surface and at or above 5 statute 1, 000 feet below. 

10,000 feet MSL miles 

1, 000 feet above. 

1 statute mile 

horizontal. 

(b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this section, the following 

operations may be conducted in Class G airspace below 1,200 feet above the surface: 
(1) Helicopter. A helicopter may be operated clear of clouds in an airport traffic pattern within y; mile 

of the runway or helipad of intended landing if the flight visibility is not less than y; statute mile. 

(2) Airplane, powered parachute, or weight-shift-control aircraft. If the visibility is less than 3 statute 

miles but not less than 1 statute mile during night hours and you are operating in an airport traffic 

pattern within y; mile of the runway, you may operate an airplane, powered parachute, or weightshift-control aircraft clear of clouds. 

(c) Except as provided in §91.157, no person may operate an aircraft beneath the ceiling under VFR 

within the lateral boundaries of controlled airspace designated to the surface for an airport when the 

ceiling is less than 1,000 feet. 

(d) Except as provided in §91.157 of this part, no person may take off or land an aircraft, or enter the 

traffic pattern of an airport, under VFR, within the lateral boundaries of the surface areas of Class B, 

Class C, Class D, or Class E airspace designated for an airport-

(1) Unless ground visibility at that airport is at least 3 statute miles; or 

(2) If ground visibility is not reported at that airport, unless flight visibility during landing or takeoff, or 

while operating in the traffic pattern is at least 3 statute miles. 

(e) For the purpose of this section, an aircraft operating at the base altitude of a Class E airspace 

area is considered to be within the airspace directly below that area. 

§91.157 Special VFR weather minimums. 

(a) Except as provided in appendix D, section 3, of this part, special VFR operations may be 

conducted under the weather minimums and requirements of this section, instead of those 

contained in §91.155, below 10,000 feet MSL within the airspace contained by the upward extension 

of the lateral boundaries of the controlled airspace designated to the surface for an airport. 

(b) Special VFR operations may only be conducted-

( 1) With an ATC clearance; 

(2) Clear of clouds; 

(3) Except for helicopters, when flight visibility is at least 1 statute mile; and 

(4) Except for helicopters, between sunrise and sunset (or in Al~ska, when the sun is 6 degrees or 

more below the horizon) unless-

(i) The person being granted the ATC clearance meets the applicable requirements for instrument 

flight under part 61 of this chapter; and 

(ii) The aircraft is equipped as required in §91.205( d). 

(c) No person may take off or land an aircraft (other than a helicopter) under special VFR-

(1) Unless ground visibility is at least 1 statute mile; or 
(2) If ground visibility is not reported, unless flight visibility is at least 1 statute mile. For the purposes 

of this paragraph, the term flight visibility includes the visibility from the cockpit of an aircraft in 

takeoff position if: 

(i) The flight is conducted under this part 91; and 

(ii) The airport at which the aircraft is located is a satellite airport that does not have weather 

reporting capabilities. 

(d) The determination of visibility by a pilot in accordance with paragraph (c)(2) of this section is not 

an official weather report or an official ground visibility report. 

§91.159 VFR cruising attitude or flight level. 

Except while holding in a holding pattern of 2 minutes or less, or while turning, each person 

operating an aircraft under VFR in level cruising flight more than 3,000 feet above the surface shall 

maintain the appropriate altitude or flight level prescribed below, unless otherwise authorized by 

ATC: 

(a) When operating below 18,000 feet MSL and-

(1) On a magnetic course of zero degrees through 179 degrees, any odd thousand foot MSL altitude 

+ 500 feet (such as 3,500, 5,500, or 7,500); or 

(2) On a magnetic course of 180 degrees through 359 degrees, any even thousand foot MSL 

altitude+ 500 feet (such as 4,500, 6,500, or 8,500). 

(b) When operating above 18,000 feet MSL, maintain the altitude or flight level assigned by ATC. 

§91.203 Civil aircraft: Certifications required. 

(a) Except as provided in §91. 715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to 

comply with this subparagraph (except a special flight permit, a copy of the applicable operations 

specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual 

required by parts 121 and 135 of this chapter containing that portion of the operations specifications 

issued under §21.197(c), or an authorization under §91.611) must have on it the registration number 

assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is first affixed 

to the aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight 

Standards district office. 

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft registration Application as provided for in §47.31(c), a 
Certificate of Aircraft registration as provided in part 48, or a registration certification issued under 

the laws of a foreign country. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91. 715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

(c) No person may operate an aircraft with a fuel tank installed within the passenger compartment or 

a baggage compartment unless the installation was accomplished pursuant to part 43 of this 

chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. 

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the United 

States unless it complies with the fuel venting and exhaust emissions requirements of part 34 of this 

chapter. 

§91.205 Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument 

and equipment requirements. 

(a) General. Except as provided in paragraphs (c)(3) and (e) of this section, no person may operate 

a powered civil aircraft with a standard category U.S. airworthiness certificate in any operation 

described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments 

and equipment specified in those paragraphs (or FAA-approved equivalents) for that type of 

operation, and those instruments and items of equipment are in operable condition. 

(b) Visual-flight rules (day). For VFR flight during the day, the following instruments and equipment 

are required: 

(1) Airspeed indicator. 

(2) Altimeter. 

(3) Magnetic direction indicator. 

(4) Tachometer for each engine. 

(5) Oil pressure gauge for each engine using pressure system. 

(6) Temperature gauge for each liquid-cooled engine. 

(7) Oil temperature gauge for each air-cooled engine. 

(8) Manifold pressure gauge for each altitude engine. 

(9) Fuel gauge indicating the quantity of fuel in each tank. 

(10) Landing gear position indicator, if the aircraft has a retractable landing gear. 

(11) For small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this 

chapter, an approved aviation red or aviation white anticollision light system. In the event of failure 
of any light of the anticollision light system, operation of the aircraft may continue to a location where 

repairs or replacement can be made. 

(12) If the aircraft is operated for hire over water and beyond power-off gliding distance from shore, 

approved flotation gear readily available to each occupant and, unless the aircraft is operating under 

part 121 of this subchapter, at least one pyrotechnic signaling device. As used in this section, 

"shore" means that area of the land adjacent to the water which is above the high water mark and 

excludes land areas which are intermittently under water. 

(13) An approved safety belt with an approved metal-to-metal latching device for each occupant 2 

years of age or older. 

(14) For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness for 

each front seat. The shoulder harness must be designed to protect the occupant from serious head 

injury when the occupant experiences the ultimate inertia forces specified in §23.561 (b)(2) of this 

chapter. Each shoulder harness installed at a flight crewmember station must permit the 

crewmember, when seated and with the safety belt and shoulder harness fastened, to perform all 

functions necessary for flight operations. For purposes of this paragraph-

(i) The date of manufacture of an airplane is the date the inspection acceptance records reflect that 

the airplane is complete and meets the FAA-approved type design data; and 

(ii) A front seat is a seat located at a flight crewmember station or any seat located alongside such a 

seat. 

(15) An emergency locator transmitter, if required by §91.207. 

(16) For normal, utility, and acrobatic category airplanes with a seating configuration, excluding pilot 

seats, of 9 or less, manufactured after December 12, 1986, a shoulder harness for-

(i) Each front seat that meets the requirements of §23. 785 (g) and (h) of this chapter in effect on 

December 12, 1985; 

(ii) Each additional seat that meets the requirements of §23. 785(g) of this chapter in effect on 

December 12, 1985. 

(17) For rotorcraft manufactured after September 16, 1992, a shoulder harness for each seat that 

meets the requirements of §27 .2 or §29.2 of this chapter in effect on September 16, 1991. 

(c) Visual flight rules (night). For VFR flight at night, the following instruments and equipment are 

required: 

(1) Instruments and equipment specified in paragraph (b) of this section. 

(2) Approved position lights. 

(3) An approved aviation red or aviation white anticollision light system on all U.S.-registered civil 

aircraft. Anticollision light systems initially installed after August 11, 1971, on aircraft for which a type 

certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light 

standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 

1971, except that the color may be either aviation red or aviation white. In the event of failure of any 

light of the anticollision light system, operations with the aircraft may be continued to a stop where 

repairs or replacement can be made. 
(4) If the aircraft is operated for hire, one electric landing light. 

(5) An adequate source of electrical energy for all installed electrical and radio equipment. 

(6) One spare set of fuses, or three spare fuses of each kind required, that are accessible to the 

pilot in flight. 

(d) Instrument flight rules. For IFR flight, the following instruments and equipment are required: 

(1) Instruments and equipment specified in paragraph (b) of this section, and, for night flight, 

instruments and equipment specified in paragraph (c) of this section. 

(2) Two-way radio communication and navigation equipment suitable for the route to be flown. 

(3) Gyroscopic rate-of-turn indicator, except on the following aircraft: 

(i) Airplanes with a third attitude instrument system usable through flight attitudes of 360 degrees of 

pitch and roll and installed in accordance with the instrument requirements prescribed in §121.3050) 

of this chapter; and 

(ii) Rotorcraft with a third attitude instrument system usable through flight attitudes of ±80 degrees of 

pitch and ±120 degrees of roll and installed in accordance with §29.1303(g) of this chapter. 

(4) Slip-skid indicator. 

(5) Sensitive altimeter adjustable for barometric pressure. 

(6) A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital 

presentation. 

(7) Generator or alternator of adequate capacity. 

(8) Gyroscopic pitch and bank indicator (artificial horizon). 

(9) Gyroscopic direction indicator (directional gyro or equivalent). 

(e) Flight at and above 24,000 feet MSL (FL 240). lfVOR navigation equipment is required 

underpargraph (d)(2) of this section, no person may operate a U.S.-registered civil aircraft within the 

50 states and the District of Columbia at or above FL 240 unless that aircraft is equipped with 

approved DME or a suitable RNAV system. When the DME or RNAV system required by this 

paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC 

immediately, and then may continue operations at and above FL 240 to the next airport of intended 

landing where repairs or replacement of the equipment can be made. 

(f) Category II operations. The requirements for Category II operations are the instruments and 

equipment specified in-

(1) Paragraph (d) of this section; and 

(2) Appendix A to this part. 
(g) Category Ill operations. The instruments and equipment required for Category Ill operations are 

specified in paragraph (d) of this section. 

(h) Night vision goggle operations. For night vision goggle operations, the following instruments and 

equipment must be installed in the aircraft, functioning in a normal manner, and approved for use by 

the FAA: 

(1) Instruments and equipment specified in paragraph (b) of this section, instruments and equipment 

specified in paragraph (c) of this section; 

(2) Night vision goggles; 

(3) Interior and exterior aircraft lighting system required for night vision goggle operations; 

(4) Two-way radio communications system; 

(5) Gyroscopic pitch and bank indicator (artificial horizon); 

(6) Generator or alternator of adequate capacity for the required instruments and equipment; and 

(7) Radar altimeter. 

(i) Exclusions. Paragraphs (f) and (g) of this section do not apply to operations conducted by a 

holder of a certificate issued under part 121 or part 135 of this chapter. 

§91.207 Emergency locator transmitters. 

(a) Except as provided in paragraphs (e) and (f) of this section, no person may operate a U.S.-

registered civil airplane unless-

(1) There is attached to the airplane an approved automatic type emergency locator transmitter that 

is in operable condition for the following operations, except that after June 21, 1995, an emergency 

locator transmitter that meets the requirements of TSO-C91 may not be used for new installations: 

(i) Those operations governed by the supplemental air carrier and commercial operator rules of 

parts 121 and 125; 

(ii) Charter flights governed by the domestic and flag air carrier rules of part 121 of this chapter; and 

(iii) Operations governed by part 135 of this chapter; or 

(2) For operations other than those specified in paragraph (a)( 1) of this section, there must be 

attached to the airplane an approved personal type or an approved automatic type emergency 

locator transmitter that is in operable condition, except that after June 21, 1995, an emergency 

locator transmitter that meets the requirements of TSO-C91 may not be used for new installations. 

(b) Each emergency locator transmitter required by paragraph (a) of this section must be attached to 

the airplane in such a manner that the probability of damage to the transmitter in the event of crash 

impact is minimized. Fixed and deployable automatic type transmitters must be attached to the 

airplane as far aft as practicable. 
(c) Batteries used in the emergency locator transmitters required by paragraphs (a) and (b) of this 

section must be replaced (or recharged, if the batteries are rechargeable)-

(1) When the transmitter has been in use for more than 1 cumulative hour; or 

(2) When 50 percent of their useful life (or, for rechargeable batteries, 50 percent of their useful life 

of charge) has expired, as established by the transmitter manufacturer under its approval. 

The new expiration date for replacing (or recharging) the battery must be legibly marked on the 

outside of the transmitter and entered in the aircraft maintenance record. Paragraph (c)(2) of this 

section does not apply to batteries (such as water-activated batteries) that are essentially unaffected 

during probable storage intervals. 

(d) Each emergency locator transmitter required by paragraph (a) of this section must be inspected 

within 12 calendar months after the last inspection for-

(1) Proper installation; 

(2) Battery corrosion; 

(3) Operation of the controls and crash sensor; and 

(4) The presence of a sufficient signal radiated from its antenna. 

(e) Notwithstanding paragraph (a) of this section, a person may-

(1) Ferry a newly acquired airplane from the place where possession of it was taken to a place 

where the emergency locator transmitter is to be installed; and 

(2) Ferry an airplane with an inoperative emergency locator transmitter from a place where repairs 

or replacements cannot be made to a place where they can be made. 

No person other than required crewmembers may be carried aboard an airplane being ferried under 

paragraph (e) of this section. 

(f) Paragraph (a) of this section does not apply to-

( 1) Before January 1, 2004, turbojet-powered aircraft; 

(2) Aircraft while engaged in scheduled flights by scheduled air carriers; 

(3) Aircraft while engaged in training operations conducted entirely within a 50-nautical mile radius 

of the airport from which such local flight operations began; 

(4) Aircraft while engaged in flight operations incident to design and testing; 

(5) New aircraft while engaged in flight operations incident to their manufacture, preparation, and 

delivery; 

(6) Aircraft while engaged in flight operations incident to the aerial application of chemicals and 

other substances for agricultural purposes; 
(7) Aircraft certificated by the Administrator for research and development purposes; 

(8) Aircraft while used for showing compliance with regulations, crew training, exhibition, air racing, 

or market surveys; 

(9) Aircraft equipped to carry not more than one person. 

(10) An aircraft during any period for which the transmitter has been temporarily removed for 

inspection, repair, modification, or replacement, subject to the following: 

(i) No person may operate the aircraft unless the aircraft records contain an entry which includes the 

date of initial removal, the make, model, serial number, and reason for removing the transmitter, and 

a placard located in view of the pilot to show "ELT not installed." 

(ii) No person may operate the aircraft more than 90 days after the EL T is initially removed from the 

aircraft; and 

(11) On and after January 1, 2004, aircraft with a maximum payload capacity of more than 18,000 

pounds when used in air transportation. 

§91.209 Aircraft lights. 

No person may: 

(a) During the period from sunset to sunrise (or, in Alaska, during the period a prominent unlighted 

object cannot be seen from a distance of 3 statute miles or the sun is more than 6 degrees below 

the horizon)-

(1) Operate an aircraft unless it has lighted position lights; 

(2) Park or move an aircraft in, or in dangerous proximity to, a night flight operations area of an 

airport unless the aircraft-

(i) Is clearly illuminated; 

(ii) Has lighted position lights; or 

(iii) is in an area that is marked by obstruction lights; 

(3) Anchor an aircraft unless the aircraft-

(i) Has lighted anchor lights; or 

(ii) Is in an area where anchor lights are not required on vessels; or 

(b) Operate an aircraft that is equipped with an anticollision light system, unless it has lighted 

anticollision lights. However, the anticollision lights need not be lighted when the pilot-incommand determines that, because of operating conditions, it would be in the interest of safety to 

turn the lights off. 
§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 

requirements of any class of TSO-C7 4b (Mode A) or any class of TSO-C7 4c (Mode A with altitude 

reporting capability) as appropriate, or the appropriate class of TSO-C112 (ModeS). 

(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 ModeS 

capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and 

ModeS 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 

1 00-foot increments. This requirement applies-

(1) All aircraft. In Class A, Class 8, 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 0, 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 8 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 8 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 0, 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. 
(d) A TC authorized deviations. Requests for ATC authorized deviations must be made to the ATC 

facility having jurisdiction over the concerned airspace within the time periods specified as follows: 

(1) For operation of an aircraft with an operating transponder but without 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. 

91 Subpart E-MAINTENANCE, PREVENTIVE MAINTENANCE, AND ALTERATIONS 

Please see regulations in an effort to save paper.