Exemption No. 17311
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of STEM+C, 

### INC.
for an exemption from sections 61.113(a) and (b); 61.133(a) ; 91.7(a); 91.119(c); 91.121; 91.151(a) ; 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a) and (b) of Title 14, Code ofFederal Regulations Regu latory Docket No. FAA-2016-3324

GRANT OF EXEMPTION By letter dated August 31 , 2016, 

### Mr. Paul Kaup, Stem + C , Inc

. (hereinafter Petitioner or Operator), 1860 East Appleby Road , Gilbert, AZ 85298 , petitioned the Federal Aviation Administration (FAA) for an exemption from sections 61.113(a) and (b); 61.133(a); 91.7(a) ; 91.119(c); 91.121; 91.151 ; 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The exemption would allow Petitioner with three teams of students to participate in a 2-day Science , Technology, Engineering and Math (STEM) event called Project Blackbird. Each team would tether an RVJET, a kit

-built unmanned aircraft system (UAS) , to a 6.6 pound weather balloon filled with helium and release it from Spaceport America, New Mexico. Upon reaching about 100 ,000 feet above ground level (AGL) , the UAS would be released and initially free-fall until it reaches about 70,000 feet when the air would be dense enough to be capable of flight. The operator would2 then navigate it down for a landing

. If necessary, due to strong upper level winds, the altitude for the release of the RVJET w ill be reduced to a lower altitude. The entire flight would take approximately 4 hours, about 2 hours for the ascent and 2 hours for the decent. Petitioner is seeking a special airworthiness certificate 

### in order to operate these RVJETs which weigh from 4 to 7 pounds. 

### Petitioner supports its request with the following information:
See Appendix A for the petition subm itted to the FAA describing the proposed operation and the regulations from which Petitioner seeks an exemption. In addition, Petitioner has provided the fo llowing information along with its request for a specia l airworthiness certificate: 1) Appendix B- Safety checklist in accordance with FAA Order 8130.34C, and 2) Appendix C- Program Letter for exper imental certificate for the UAS System The petition, its amendments and the above documents are hereinafter referred to as operating documents. 

### Discussion of Public Comments:
A summary ofthe petition was published in the Federal Register on April 5 , 2017 (82 FR 16656). The petition received several comments in support of the petition and the proposed operation's educational value

. 

### The FAA's analysis is as follows:
The FAA has organized its analysis into four sections: 1) Unmanned Aircraft Systems (UAS), 2) UAS pilot 

### in command (PIC), 3) UAS operating parameters , and 4) the public interest. Unmanned Aircraft System
Petitioner proposes to use a 6.6 pound weather balloon filled with helium to carry a UAS weighing from about 4 to 7 pounds to approximate ly 100 ,000 feet AGL where it will be r eleased via signal from the ground. The launch point will occur at Spaceport America, near Truth or Consequences, New Mexico and within the White Sands Missile Range restricted area. Upon release, the RVJET will free-fall until it reaches about 70,000 feet where the air is dense enough for it to begin to fly and glide. A team of students will then navigate and fly the RVJET back to the ground. The RVJET will be controlled via a control link and video link3 from its ground-based station using frequencies approved by the FCC and White Sands. Each UAS includes three separate GPS systems to track the location ofthe RVJET during its flight. Each of the systems has its own power source. Each RVJET is primarily constructed of EPO foam with carbon fiber spars. It has a wing span ofabout 7 feet, with a fuselage of about 3 feet. Its gross weight is between 4 and 7 pounds. The registration numbers for the three unmanned aircraft to be used are FA34MMCA4F, FA34MM9EYN, and F A34MM4KWK.
A total ofthree teams will fly the three different RVJETs over the proposed 2-day operation. Each operation will take about four hours for the launch and return flight. Petitioner proposes the entire operation be conducted within the restricted airspace: R-5111A/B/C/D and R51 07B, which is contro lled by the White Sands Missile Range. Petitioner requested relief from the following sections: 14 CFR §§ 9 1.405 (a) Maintenance required , 91.407(a)(l) Operation after maintenance, preventive maintenance, rebui lding. or alteration, 91.409(a)(2) Inspections, and 91.417(a) & (b) Maintenance records. The FAA has determined that relief from these sections is not necessary due to the operating limitations of the special airworthiness certificate and the conditions and limitations of this exemption below. UAS Pilot in Command (PIC)
Petitioner requested relieffrom 14 CFR §§ 61.113 , Private pilot privileges and limitations and 61.133(a), Commercial pilot privileges and limitations. Instead petitioner proposes to use a remote pilot certificate held by Petitioner and has stated ifrequired, each operator over 16 years ofage wi ll obtain a remote pilot certificate under 14 CFR part 107 if required by the FAA.
The FAA has reviewed the type of airman certificate required of Petitioner. The general requirements for all airmen include: eligibility, aeronautical knowledge and TSA vetting. Given that the operation will include an experimental , unmanned aircraft made largely of EOC foam weighing 4 to 7 pounds and will be operated within restricted airspace, the FAA has determined that the airman certificate most appropriate for the operation is a remote pilot certificate issued under 14 CFRpart 107. This airman certificate will confirm Petitioner's eligibility, secure TSA vetting , and ensure the pilot in command has the requisite aeronautical knowledge for operating a UA within restricted airspace. Therefore , the FAA finds than an exemption from §§61. 133(a) and 61.1 13 is not necessary because the remote PIC will not be exercising the privileges ofeither a private or commercial pilot. The FAA has also determined that as long as the remote pilot in command has the ability to immediately take the4 controls ofthe RVJET, none ofthe students will be required to obtain a remote pilot certificate, and thus they may serve as a manipulator ofthe controls for the RVJET during its flight without holding a remote pilot certificate as long as they are directly supervised by the remote pilot in command.
As stated earlier, while Petitioner requested an exemption from § 61.113, the FAA has determined that relief from this section is not neces sa ry. Instead, the FAA has granted an exemption from 14 CFR § 61.3. It states that " no person may serve as a required pilot flight crew member of a civil aircraft ofthe United States unless that person: ( 1) has in the person 's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or authorization- (i) a pilot certificate issued under this part

.. . .. ". Since the FAA has concluded that the most appropriate airmen certificate for this operation is a remote pilot certificat e, the FAA will grant an exemption from§ 61.3(a)(1)(i) and require Petitioner to obtain a remote pilot certificate per 14 CFR § 107

. 12 and maintain currency per 

### § 107.65 whi le operating the RVJET. The FAA has determined that holding a remote pilot certificate provides an equivalent level of safety for the propo sed operation.
UAS Operating Parameters
The RV JET will be attached to the weather balloon for its ascent to about 100,000 feet and then released. Petitioner anticipates that fo llowing the approximate 30,000 foot free-fall , the RVJET will be navigated mostly as a glider until it nearly reaches the ground when the motor could be activated to create a smooth landing. Petitioner has proposed that they operate each of the three flights as follows: Flight 1 in the afternoon of Saturday, Apri l 29 , Flight 2 in the morning of Sunday, April 30, and Flight 3 in the afternoon of Sunday, April 30, 2017. Each flight will follow the requirements of any agreement between Petitioner, Spaceport America and White Sands Missile Range as we ll as the requirements governing the u se ofthe restricted area.
Petitioner's proposed flight operations area is in the restricted airspace controlled by the White Sands Missile Range including R-5111 A/B/C/0 and R-51 07B. Petitioner has indicated that if during the flight the GPS tracking notes that during the ascent the UAS is within 2 miles from the border ofthe restricted area (RA), the RVJET will be immediately released from the weather balloon and flown back to the ground regardless of its altitude. Petitioner anticipates the RVJET will take a maximum of four hours from departure to landing for each flight including about 2 hours for the ascent and 2 hours for the decent Petitioner has requested relieffrom 14 CFR §91.7 Civil aircraft airworthiness, 91.119(c) Minimum safe altitude over other than congested areas , 91.121 , Altimeter settings. and

### 5 91.151 (a) Fuel requirements for flight in VFR conditions. Although Petitioner requested re lief from 14 CFR 

### § 91.7(a), Civil aircraft airworthiness, the aircraft being operated will have special airworthiness certificates in the experimental category, therefore relief is not necessary. Regarding Petitioner's requested relief from 14 CFR 

### § 91.119 , Minimum safe altitudes: General, Petitioner states that the RVJET will be operated over an "other than congested area." Per 14 CFR 

### § 91

. 119 , manned aircraft are commonly flown at altitudes of 500 feet above the surface in areas over other than congested areas. 

### In previous grants of exemption under Section 333 of Pub. L 112-95, the FAA has limited operating altitudes to 400 feet AGL and below. The FAA finds that UAS operations at altitudes above 400 feet AGL introduce greater risks to manned aviation because of see-and-avoid difficulties when manned and unmanned aircraft operate in shared airspace. Therefore, the FAA is limiting operations under this exemption to Restricted Airspace as stated in the conditions and limitations below. Relief from 

### § 91.119( c) is necessary because the aircraft will be operated in other than congested areas. Section 91.119(c) states that no person may operate an aircraft below the following altitudes: over other than congested areas, an altitude of 500 feet above the surface, except over open water or sparsely populated areas. Exemption from 91.119(c) doe s not adversely affect safety because the UAS pilots will ensure there is a safe operating distance between the unmanned aircraft and other aviation activities at all times as the RVJET will only be flown over uninhabited areas. The FAA finds operations conducted in compliance with the conditions and limitations in this exemption warrant relief from § 91

. 119( c). Operations Near People
As in Exemption No. 13465A, Kansas State University (KSU), Petitioner may allow the UA to fly over people who are directly participating in the opera tion of the UA such as the PIC and the visual observer. This exemption does not permit operations within 500 feet ofpeople not participating in the operation unless barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that these nonparticipating persons remain under such protection for the duration of the operation. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to person s. Petitioner has requested relief from 14 CFR § 91.121 , Altimeter settings. Because the UA is not equipped with a barometric altimeter, an alternate means for measuring and reporting UA altitude is necessary. Petitioner states the UA has triple GPS systems. As stated in the conditions and limita tions below , the FAA requires altitude be reported in feet AGL. Petitioner will utilize GPS information to determine altitude. Considering the proposed operations will be conducted in Restricted Airspace, relief from 14 CFR 

### § 9 1 .121 is granted to the extent necessary to comply with the applicable conditions and limitations stated below.

### 6 Regarding petitioner's requested relief from 14 CFR 

### § 91.151, Fuel requirements for flight in VFR conditions, prior relief has been granted for manned air craft to operate at less than prescribed minimum s, including Exemption Nos. 2689 , 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811 , 10808 , and 10673 for daytime, Visual Flight Rules (VFR) conditions. Petitioner states the RVJET will glide until the aircraft nears the ground, at which point the motor will be used to assist with a smooth landing. The conditions and limitations below prohibit the PIC from beginning a UAS flight unless (considering wind and forecast weat her conditions) there is enough available fuel for UAS to operate for the intended operational time with sufficient reserve such that in the event ofan unplanned emergency, the PIC can land the aircraft in a known area, without po sing an undue risk to aircraft or people and property on the ground or with the reserve fuel recommended by the manufacturer ifgreater. The fuel requirements spec ified in section 91.151 are not necessary for the RVJET because it typically operates as a glider above other than congested airspace; therefore, the risk or danger associated with failing to reach a saf e landing place is not present. The FAA finds that this provides sufficient reason to grant the relieffrom 14 CFR 

### § 91.151. Accordingly, subject to the condition s and limitations below, the FAA has determined the proposed operation and relief granted herein would not adversely affect safety. Public Interest Petitioner states that through his company he has been working with students from northern Illinois in grades 5 through 12 for the past 6 years including: the Spring Grove Elementary School, Richmond Grade School, Nippersink Middle School, and the Richmond Burton High School. During hi s first 2 years of working with the students, he became aware ofthe lack of STEM plus creativity (Science, Technology, Engineering, Math , +C) within their school's curriculum. Petitioner states the goal ofthe STEM+C is to bring real life project-based learning experiences to these students , thus getting them excited about Science, Techno logy, Eng ineering and Math with an emphasis on aerospace. The FAA finds that a grant ofexemption is in the public interest as it wi ll allow STEM+C to conduct project based learning experiences to students and promote Science, Technology, Engineering, Math and creativity to tho se students. One ofthe FAA 's aspirations in its Strategic Plan for 2025 is to " advance aviation in an environmentally responsible and energy efficient manner by minimizing noise and emission impacts on communities, reduce aviation's carbon footprint, invest in new technology, foster sustainable alternative fuels research , and advance other innovations that promote environmentally friendly solutions." 1

1 FAA Destination 20257 The FAA finds that approving thi s STEM+C project will forward this goal by encouraging STEM students to experiment with new ideas and new t echnology which may lead to fewer emiss ion impacts on communities , reduce aviation's carbon footprint , and advance other innova tions that promote environmentally friendly so lutions. The table below summarizes the FAA's determinations regard ing the reliefconsidered: Relief considered (14 CFR} FAA determination (14 CFR} 61.3(a) Reliefgranted to 6 1. 3(a)( l) (i) subject to conditions and limitation s below, that include holding a current remote pilot certificate issued in accordance with 14 CFR part I07 61.113(a) & (b) Reliefnot necessary 61.133(a) Relief not necessary 91.7(a) Relief not necessary 91.119(c) Relief granted 91.121 Relief granted 91.151 Relief granted 91.405(a) Relief not necessary 91.407(a)( 1) Relief not necessary 9 1.409(a)(2) Reliefnot necessary 9 1.417(a) & (b ) Re lief not necessary

The FAA's Decision


### In consideration of the foregoing , I find that granting an exemption is in the pub lic interest. Therefore, pursuant to the authority conta i ned in 49 U.S. C. §§ 106(f) , 40 11 3, and 4470 1 , de legated to me by the Administrator, STEM+C, Inc. is granted a n exemption from 14 CFR §§ 6 1.3 (a) , 91.119(c) , 91.1 2 1 , and 9 1.151 to the extent necessary to operate its unmanned8 aircraft, subject to the operating limitations of its specia l airworthiness certificate and the conditions and limitations listed below.
Conditions and Limitations Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension or resci ss ion ofthis exemption.
1. Aircraft airworthiness: Operations must be conducted with the unmanned aircraft that has been issued a specia l airworthiness certificate and in accordance with the operating limitations ofthe certificate as applicable.
2. Airspace Access: All operations must be conducted within the active restricted areas (R-5111 A/B/C/D & R-51078) and in compliance with 14 CFR part 73 , FAA Order 7400.2K, Chapter 23 , as well as the Memorandum of Agreement/Joint Powers Agreement between the US Army White Sands Missile Range (WSMR) and the State ofNew Mexico involving WSMR support to Spaceport America dated December 13, 2010. Specifically, the operation must be contained within the Restricted Area and be conducted in accordance with the purpose for which the Re stricted Area was designated. Petitioner must provide the FAA inspectors onsite with a written approval from the WSMR facility that the R-5111A/B /C/D and R-51078 will be active for the duration of their operations and that if necessary a NOT AM has been issued covering the RAs during the times proposed for the operations.
3. Remote PI C certification and qualifications: Under this exemption, the pilot in command (PIC) must hold a current remote pilot certificate issued in accordance with 14 CFR part 107

. 4. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC) , per 14 CFR 

### § 91.155. Flights under special visual flight rules (SVFR) are not authorized.
5. No person may manipulate the controls ofthe unmanned aircraft unless that person is under the direct supervision of a PIC and the PIC has the ability to immediately take direct control of the flight of the UAS.
6. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating9 documents must be accessible during UAS operations and made available to the Administrator or his delegate upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents , the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents

. The operator may update or revise its operating documents. It is the operator' s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension
or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption , then the operator must petition for an amendment to its grant of exemption. The FAA ' s UAS Integration Office may be contacted ifquestions arise regarding updates or revisions to the operating documents.
Unless otherwise specified in this grant of exemption, the UAS , the UAS remote PIC, and the UAS operations must comply with all applicable parts of 14 CFR including , but not limited to , parts 21, 48 , 61 , 91.
This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.
Issued in Washington, D.C. on April 27 , 2017.



## John Barbagallo 

## Deputy 'Director, Flight**S~ds** 

## Sttvice