...if it's currently 91.413-certified. If not, it must be left in STBY or OFF.
Note that this is true in the underlying G-space as well as E-space. IOW, there is uncontrolled/G-space where a transponder is required.
Again, this includes Class G airspace, not just controlled airspace.
See 91.215 for details.
Although a call to ATC prior to the flight can solve any of those problems.