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 of Federal Regulations 

Regulatory 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 would 
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then navigate it down for a landing. If necessary, due to strong upper level winds, the altitude 

for the release of the RV JET will 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 submitted to the FAA describing the proposed operation and 

the regulations from which Petitioner seeks an exemption. In addition, Petitioner has provided 

the following information along with its request for a special airworthiness certificate: 

1) Appendix B- Safety checklist in accordance with FAA Order 8130.34C, and 

2) Appendix C- Program Letter for experimental 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 of the 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 approximately 100,000 feet AGL where it will be 

released 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 link 
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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 of the RVJET during its flight. 

Each of the systems has its own power source. 

Each RV JET is primarily constructed of EPO foam with carbon fiber spars. It has a wing span 

of about 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 F A34MMCA4F, 

F A34MM9EYN, and F A34MM4KWK. 

A total of three 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 controlled by the White Sands Missile Range. Petitioner requested relief 

from the following sections: 14 CFR §§ 91.405(a) Maintenance required, 91.407(a)(l) 

Operation after maintenance, preventive maintenance, rebuilding. 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 if required, each operator over 16 

years of age will 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 of either 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 the 
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controls of the RVJET, none of the students will be required to obtain a remote pilot 

certificate, and thus they may serve as a manipulator of the 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 necessary. 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 of the United States unless that person: ( 1) has in the person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that 

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 certificate, 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 

while operating the RVJET. The FAA has determined that holding a remote pilot certificate 

provides an equivalent level of safety for the proposed operation. 

UAS Operating Parameters 

The RV JET will be attached to the weather balloon for its ascent to about 1 00,000 feet and 

then released. Petitioner anticipates that following 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, April 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 well as the requirements governing the use of the 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 of the 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 relief from 14 CFR §91. 7 Civil aircraft airworthiness, 91.119( c) 

Minimum safe altitude over other than congested areas, 91.121 , Altimeter settings. and 
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91.151 (a) Fuel requirements for flight in VFR conditions. Although Petitioner requested 

relief 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) does 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 operation of the UA such as the PIC 

and the visual observer. 

This exemption does not permit operations within 500 feet of people 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. If a 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 persons. 

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 limitations 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 § 91.121 is granted to 

the extent necessary to comply with the applicable conditions and limitations stated below. 
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Regarding petitioner's requested relief from 14 CFR § 91.151, Fuel requirements for flight in 

VFR conditions, prior relief has been granted for manned aircraft to operate at less than 

prescribed minimums, 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 weather conditions) there is enough available fuel for UAS to 

operate for the intended operational time with sufficient reserve such that in the event of an 

unplanned emergency, the PIC can land the aircraft in a known area, without posing an undue 

risk to aircraft or people and property on the ground or with the reserve fuel recommended by 

the manufacturer if greater. The fuel requirements specified in section 91.151 are not 

necessary for the RV JET because it typically operates as a glider above other than congested 

airspace; therefore, the risk or danger associated with failing to reach a safe landing place is 

not present. The FAA finds that this provides sufficient reason to grant the relief from 14 CFR 

§ 91.151. 

Accordingly, subject to the conditions 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 his 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 of the STEM+C is to bring real life project-based 

learning experiences to these students, thus getting them excited about Science, Technology, 

Engineering and Math with an emphasis on aerospace. 

The FAA finds that a grant of exemption is in the public interest as it will allow STEM+C to 

conduct project based learning experiences to students and promote Science, Technology, 

Engineering, Math and creativity to those 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 2025 
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The FAA finds that approving this STEM+C project will forward this goal by encouraging 

STEM students to experiment with new ideas and new technology which may lead to fewer 

emission impacts on communities, reduce aviation's carbon footprint, and advance other 

innovations that promote environmentally friendly solutions. 

The table below summarizes the FAA's determinations regarding the relief considered: 

Relief considered (14 CFR} FAA determination (14 CFR} 

61.3(a) Relief granted to 61.3(a)(l)(i) subject to 

conditions and limitations below, that include 

holding a current remote pilot certificate 

issued in accordance with 14 CFR part I 07 

61.113(a) & (b) Relief not 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 

91.409(a)(2) Relief not necessary 

91.417(a) & (b) Relief not necessary 

The FAA's Decision 

In consideration of the foregoing, I find that granting an exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 4011 3, and 44701, 

delegated to me by the Administrator, STEM+C, Inc. is granted an exemption from 14 CFR 

§§ 61.3(a), 91.119(c), 91.12 1, and 91.151 to the extent necessary to operate its unmanned 
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aircraft, subject to the operating limitations of its special airworthiness certificate and the 

conditions and limitations listed below. 

Conditions and Limitations 

Failure to comply with any ofthe conditions and limitations ofthis grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Aircraft airworthiness: Operations must be conducted with the unmanned aircraft that 

has been issued a special airworthiness certificate and in accordance with the 

operating limitations of the 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 Restricted 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 PIC 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 of the 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 operating 
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documents must be accessible during UAS operations and made available to the 

Administrator or his delegate upon request. If a 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 U AS 

Integration Office may be contacted if questions 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