I don't agree with you reading of the request. I believe it is for relief
from 91.215(c) *unless* with 40 miles of Class B and 20 of Class C. So if
you are above 10,000' MSL, and at least the appropriate distances from Class
B & C, then the relief sought would apply. And if memory servers,
calibration of Mode C is only applicable to IFR.

Ivan

"Ian Cant" wrote in message
...
Wish we'd had this discussion before the SSA drafted its petition.

Seems to me the petition is unsatisfactory because it is confusing or poor
law, it does not address the full set of transponder issues, and it just
might open up an adverse review of our existing exemption. To address these
concerns I sent my comments to the FAA, text below FYI.

If anyone agrees with me in part or in whole, why not add your comments to
the docket too ?

Ian

"Comment on Docket FAA-2003-16475-1, exemption for gliders from continuous
transponder operation.

I concur with the Soaring Society of America's contention that there is a
public benefit and increased safety to be gained by encouraging glider
operators to install battery-powered transponder equipment.

However, I also believe that the current wording of the request for
exemption will lead to confusion over the status of transponder-equipped
gliders and will not best achieve the desired goal.

The petiton requests relief only from the provisions of 14CFR 91-215(c),
the requirement for continuous operation, and only when more than 40 miles
from Class B or 20 miles from Class C airports. 14CFR 91-215(c) requires
continuous operation in ALL airspace above 10,000 ft msl by reference to
section 215-b(5)(I). Many gliders coduct a large portion of cross-country
flights above 10,000 ft, usually in remote areas. As written, the request
would appear to confirm that IF a transponder is installed then it must be
in continuous operation in these circumstances.

In addition, the request does not address the provisions of section 217
regarding the calibration of the mode C pressure altitude reporting
equipment.

Since there is no current requirement for a transponder to be installed at
all, these deficiencies will probably continue to deter operators from
installing transponders.

Currently, the decision is all-or-nothing; either do not install a
transponder at all, or accept the requirements of continuous use and
adherence to Mode C calibration requirements.

A better approach to achieving the desired encouragement of the
installation of battery transponders might be to permit partial conformity
with sections 215 and 216. Those operators who really never need
transponders [such as local training operations well outside controlled
airspace, or pilots who never fly at high altitudes or cross-country]
continue to use the existing waiver at all times; those who occasionally
fly cross-country could be permitted to install transponders but use them
only when the pilot considers it appropriate to the conditions of each
flight; and those who operate in relatively congested airspace may sensibly
elect to conform fully with the provisions of the sections but perhaps
conserve battery power by switching off when out of the congested area.

Possible wording might be along these lines: "Notwithstanding the
provisions of 14CFR sections 215 and 217 and the existing exemptions for
balloons, gliders and other aircraft not originally certificated with an
engine-driven electrical power system, the operator of such an aircraft
shall be permitted and encouraged to install a battery-powered transponder
system and to use it as extensively as he considers appropriate. Such
voluntary and safety-enhancing installations are encouraged but not required
to comply with the provisions of sections 215 and 217 as applicable to
airplanes."

I am a glider pilot, a member of SSA, and own 3 gliders. None currently
have transponders, but I would probably install one in my primary
cross-country aircraft if permitted to use it with flexibility."