1

Paul	Kaup

STEM+C	Inc.

8720	Country	Shire	Lane

Spring	Grove,	IL	60081

Prkaup@gmail.com

Cell	(708)	359-5289

Seek	Exemption	14	CFR	Section	333	P.L.	112-95;		

Special	Rules	for	Certain	Unmanned	Aircraft	System.

Stem+C	in	cooperation	with	Spaceport	America	are seeking	a	2 day	exemption.		The	

exemption	period	would	apply	for	(Saturday)	April	30, 2016	at	13:00utc	(06:00am	

Mountain	Time)	through	Sunday May	1,	2016	at	0200utc	(07:00pm	Mountain	Time).	Any	

adjustment	to	the	listed	dates	would	be	requested	in	writing	by	Paul	Kaup	(no	less	than	5

days	prior	to	the	authorization	period)	to	be	authorized	by	the	administrator.		

The	2 day	exemption	would	be	for	an	event	titled	“Spaceport	America	and	STEM+C	Flight	

Series”.		2	to	4	teams	of	students	from	the	United	States	will	participate	in	this	2	day	STEM	

(Science,	Technology,	Engineering	and	Math)	event.		2	teams	representative	of	STEM+C	will	

participate	in	this	event.		STEM+C	will	invite	2	other	teams	to	participate	in	this	event.		All	

teams	who	are	authorized	to	participate	in	this	event	will	follow	the	guidelines	contained	

within	this	request.		Please	reference	the	link	below	for	the	event	web-page.

The	event	will	take	place	at	Spaceport	America.

Spaceport

Co	Rd	Ao21

New	Mexico	87901

Airspace	use	will	be	coordinated	by	Spaceport	America	in	conjunction	with	agreement	with	

the	White	Sands	Missile	Range,		ZAB	(Albuquerque	Center),	and the	local	ATC	facilities.		

Preliminary	approval	and	coordination	has	already	been	granted this	exemption	request.		

Local	notams	will	be	issued	by	Spaceport	America	and/or	STEM+C	Inc.	with	the	local	FAA	

ATC	facility.		

Airspace	use	will	be	defined	as	35 nm	radius	from	a	point	defined	by	Lat	32.9905	Long	-

106.9736	up	to	115,000ft	msl.	 Actual	day	of	use	requirements	will	be	much	less	than	

anticipated,	and	will	be	no	more	than	a	very	small	slice	of	the	requested	airspace.

About	STEM+C	Inc:

STEM	...	defined as	“Science,	technology,	engineering	and	math”.

STEM+C	is	an	educational	company.		The	goal	of	STEM+C	is	to	bring	STEM+C	(Science,	

Technology,	Engineering,	Math	+	Creativity)	into	classrooms	across	the	Country	and	help	

raise	a	generation	of	Science	and	Math	literate	students.		Big	projects	inspired	our	Nation	to	

do	great	things	in	the	1960’s	during	the	Space	Race.	 STEM+C	takes challenging	projects	into	
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the	classroom	to	anchor	all	areas	of	study	to	a	common	goal. The	event is	designed	to	inspire	

creativity,	develop	problem	solving	skills,	critical	thinking	and	bring	awareness	to	the	interrelatedness	of	all	things.

STEM+C	uses hands-on	projects	to	anchor	STEM	concepts	to	the	teaching	curriculum	in	the	

school. Anchoring	all	areas	of	study	to	a	common	goal gives	cross-relevance	between	subject	

matter. This	has	proven	to	be	very	effective	at	enhancing	critical	thinking	and	problem	

solving	skills.

Here	are	the	2012	PSIA	results.		The	U.S.	currently	ranks	35th in	math	and	27th in	science.		

These	statistics	need	to	change!	And	we	at	STEM+C	Inc	are	doing	our	best	to	make	that	

happen.
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I	realize	the	responsibility	of	what	I	am	asking	of	the	Administrator.			The	dawn	of	UAV’s	is	

upon	us,	and	this	event	provides	a	window	of	opportunity	to	provide	an	enhanced	learning	

experience with	an	emphasis	on	safety.		This	event	is	our	kids	generation	equivalent	of	

“October	Sky”.		I	look	forward	to	working	with	the	administrator	to	help	make	this	event	

happen	for	our	next	generation	of	Scientist,	and	Engineers.		Please	advise	me	of	any	other	

necessary	documentation	or	information	that	you	may	need	in	authorizing	this	request.

Thank	you,

Paul	Kaup

CEO	STEM+C	Inc.
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UNITED	STATES	OF	AMERICA	

DEPARTMENT	OF	TRANSPORTATION	

FEDERAL	AVIATIONADMINISTRATION	

DOCKET	MANAGEMENT	SYSTEM	1200	

NEW	JERSEY	AVE.,	SE	WASHINGTON,	DC

20590

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTIONOF:

STEM+C and	authorized/registered	teams

FOR	AN	EXEMPTION	SEEKING	RELIEF	FROM	THE	

REQUIREMENTS	OF	THE	FAA	REFORM	ACTAND

PART	11	OF	THE	FEDERAL AVIATION	REGULATIONSFROM	

TITLE	14	OF	THE	CODE	OF	FEDERALREGULATIONS

SECTIONS	C.F.R.	§§	61.113	(a)	&	(b);	91.7(a);	91.119	(c);	91.121;91.151(a);

91.405	(a);	91.407(a)	(1);	91.409	(a)	(2);	91.417	(a)	&(b).

CONCERNING	NON-COMMERCIAL	OPERATION	OF	UNMANNED	AIRCRAFTSYSTEMSD	PURSUANT	

TO	SECTION	333	OFD	THE	FAAMODERNIZATION

AND	REFORM	ACT	OF	2012	(PUBLIC	LAW112-95)

Submitted	on	February	1,	2016

STEM+C	Inc.

Paul	Kaup

8720	Country	Shire	Lane

Spring	Grove,	IL	60081

prkaup@gmail.com

cell	(708)	359-5289
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Table	of Contents

Glossary	of	Abbreviations	and	Terms p6

Introduction	and	Interest	of	Petitioner p7

Background	and	Expertise p8

Description	of	Requested	Place	and	Time p9

Description	of	sUAS/UAS p10

Non-Commercial	Purpose p12

Regulations	from	which	Exemption	Relief	

is	requested p12

Commitment	to	Safety p13

The	Exemption	Request p14

Operator	Requirements p15

Equivalent	Level	of	Safety p15

Federal	Register	Publication p17

Summary p18
6

GLOSSARY	OF ABBREVIATIONS AND	TERMS

AGL Above Ground Level

AOI Area of Interest

ATC AirTrafficControl

ATO Air	TrafficOrganization

AV AerialVehicle

CFR Code of Federal Regulations

COA Certificate	ofAuthorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground	Control Station

GPS Global	Positioning System

LOL Loss	ofLink

NAS National	Airspace System

NOTAM NoticeToAirman

PIC Pilot InCommand

Section 333 FAA	Modernization	and	Reform	Act	of	2012	(FMRA)Section 333

RC Remote	Control

SO Safety Observer

SOP Standard	OperatingProcedures

sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle

UA Unmanned Aircraft

UAS Unmanned	Aircraft System

UAV Unmanned Aircraft Vehicle

VFR Visual	Flight Rules

VLOS Visual Line of Site

VMC Visual	MeteorologicalConditions

VTOL Vertical	Take-Off	and Landing

“Spaceport	America	and	STEM+C	Flight	Series” ...		Also	referred	to	as	“event”.	Dates	for	this	

event	will	be	(Saturday)	April	30,	2016	at	13:00utc	(06:00am	Mountain	Time)	through	

Sunday	May	1,	2016		at	0200utc	(07:00pm	Mountain	Time). The	event	will	cover	a	

geographical	area	as defined	as	35	nm	radius	from	a	point	defined	by	Lat	32.9905	Long	-

106.9736,	from	ground	level	up	to	115,000ft	msl.		Actual	day	of	use	requirements	will	be	much	

less	than	anticipated.

“Team/teams” ...	for	the	purpose	of	“Spaceport	America	and	STEM+C	Flight	Series”,	shall	also	

cover	all	registered	participants.		All	participating	teams’	information	will	be	collected	and	

maintained	by	STEM+C	Inc	and	made	available	to	the	administrator	upon	request.
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INTRODUCTION	AND	INTERESTS	OF	THEPETITIONER

Dear	Sir	or Madam:

Pursuant	 to	 Section	 333	 of	 the	 FAA	 Modernization	 and	 Reform	 Act	 of	 2012	 (the	

“Reform	 Act”)	 and	 14	 C.F.R.	 Part	 11,	 STEM+C	 Inc.	 Operator	 of	 Small	 Unmanned	

Aircraft	 Systems	 (“sUASs”)	 for	 the	 purpose	 of	 “Spaceport	 America	 and	 STEM+C	

Flight	 Series” is	 seeking	 a 10	 day	 exemption	 from	 the	 listed	 Federal	 Aviation	

Regulations	(“FARs”)	to	allow	non-commercial	operation	of	its	sUAV’s/sUAS,	so	long	

as	such	operations	are	conducted	within	and	under	the	conditions	outlined	herein	or	

as	 may	 be	 established	 by	 the	 	 FAA	 in	 an	 exemption	 granted	 under	 either	

Section	 333	 or	 Section	 49	 U.S.C.	§44701(f).		This	exemption	would	apply	to	all	

“teams” of	 students	 registered	 and	 authorized	 by	 STEM+C	 Inc.	 to	 participate	 in	

“Spaceport	 America	 and	 STEM+C	 Flight	 Series” during	 the	 applied	 for	 time	 and	

geographical	area.

As	described	more	fully	below,	the	requested	exemption	would	permit	the	operation	

of	 a	 sUAS/sUAV under	 controlled	 conditions	 in	 airspace	 that	 is	 1)	 limited;	 2)	

predetermined;	 and	 3)	 date	 restricted.	 	 Approval	 of	this	 exemption	would	thereby	

allow	STEM+C	Inc.	in	conjunction	with	Spaceport	America	to	host/conduct	this	event.		

This	event	is	being	organized	to	broaden	awareness	of	all	things	STEM	 related	and	

designed	as	to	cultivate	a	new	generation	of	innovation,	to	establish	a	new	generation	

of	 science	 literacy,	 and	 competency.	 		The	 event	will	 enhance	 safety	 and	fulfill	the	

Secretary	 of	 Transportation’s	 (the	 FAA	 Administrator’s)	 responsibilities	 to	 “...	

establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	

airspace	system.”	Section	333(c)	of	the	Reform Act.1

Teams	shall	apply	to	STEM+C	Inc	via	a	google	form	for	application	for	this	event.		A	team	

must	be	authorized	by	STEM+C	Inc.	to	participate	in	“Spaceport	America	and	STEM+C Flight	

Series “.		A	database	of	each	team	will	be	maintained	by	STEM+C	Inc.	and	made	available	to	

the	administrator	upon	request.		The	data	base	for	each	team	shall	include	the	following,

1. Team	Leader	name,	email	address	and	contact	phone	number.

2. Residential	address	of	the	team	leader.

3. Individual	team	member	names, email	addresses		and	or	contact	phone	numbers

4. Grade	level	of	each	team	member.
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Background and	Expertise

I (Paul	Kaup)	am	a	pilot	(Captain) for	Southwest	Airlines,	and	CEO	of	STEM+C	Inc. I	am	a	

space,	and	technology enthusiast. I	have	over	20000	hours	of	flight	time as	a	pilot	of	many	

different	types	of	airplanes.		Of	those	20000	hours	of	flight	time,	nearly	3000	hours	is	as	an	

instructor	or	as	a	check-airman	for	part	121	companies.		I	am	a	licensed	ATP	in	BE-1900D,	D328JET,	and	B-737.		I	have	commercial	SEL	privileges	in	single	engine	aircraft.	I	have	

instructed	students	in	a	wide	range	of	aircraft	from	single	engine	Cessna	152	through	the	BE1900D.		

In	addition	to	all	the	above	qualifications,	I	am	an	RC	Airplane	hobbyist.		I	have	a	dozen	or	so	

years	of	experience	with	various	RC	airplanes,	Quad	Copters,	and	their	related	systems.		I	

have	experience	with	flying	aircraft	via	FPV(First	Person	View),	with	built	in	return	to	home	

and	auto	piloting	capabilities.		I	have	instructed	kids	and	adults	for	several	years	in	the	safe	

use	of	these	vehicles.

I	am	also	an	AMA	member	(Academy	of	Model	Aeronautics)	member	....	#1082444

In	addition	to	the	above	qualification	I	have	flown	over	20	Near	Space	Balloon	flights	under	

CFR	14,	part	101,	subpart	D.		

I	am	the	holder	of	a	FCC	technician	radio	license.	FRN	#	0022508261.	Call	sign	KC9YMN

I	am	more	than	qualified	to instruct,	and	teach all	the	students/participants	in	the	subject	

areas	mentioned	with	an	emphasis	on	aviation	safety.			I	have	over	27	years	of	experience	in	

aviation,	and	several	years	of	experience	in	sUAS/sUAV	as	an	operator,	and	in	the	assembly	

of	sUAS/sUAV	systems	and	aircraft.		I	am	more	than	qualified	to	integrate	years	of	aviation	

experience	with	the	advent	of	sUAS/sUAV	operations	and	systems.

I	am	more	than	qualified	to	safely	oversee	the	“Spaceport	America	and	STEM+C	Flight	

Series” event.

I	have	been	working	with	students from	northern	Illinois in	grades	5th through	12th,	for	the	

past	6	years	in	the Spring	Grove	Elementary	School,	Richmond	Grade	School,	Nippersink	

Middle	School,	and	the	Richmond	Burton	H.S. I	have	used	robotics	and	aerospace	projects	to	

help	enforce	the	concepts	in	STEM.		In	my	first	2	years of	working	with	the	students,	I	

became	aware	of	the	lack	of	STEM	(Science,	Technology,	Engineering,	Math,	+C)	within	our	

schools	curriculum. I included	"+C"	because	I	feel	creativity	is	as	important	as the	other	4	

areas. The goal	of	the	STEM+C	is	to	bring	real	life	project	based	learning	experiences	to	our	

kids. To	get	them	excited	about	Science,	Technology,	Engineering	and	Math. 		STEM+C	is	

trying	to	make	a	difference	in	the	areas	know	as	STEM.		STEM+C	engages	students	with	

project	based	learning,	with an	emphasis	on	aerospace.		
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Description	of	Requested	Place	and	time	of

“Spaceport	America	and	STEM+C	Flight	Series”

Airspace	use	will	be	coordinated	by	Spaceport	America	in	conjunction	with	agreement	with	

the	White	Sands	Missile	Range	and	the	local	ATC	facilities.		Local	notams	will	be	issued	by	

Spaceport	America	and/or	STEM+C	Inc.	with	the	local	FAA	ATC	facility.		Airspace	use	will	be	

defined	as	35	nm	radius	from	a	point	defined	by	Lat	32.9905	Long	-106.9736	up	to	115,000ft	

msl	(please	see	the	chart	depiction	below).		Actual	day	of	use	requirements	will	be	much	less	

than	anticipated.	 Actual	day	of	use airspace	requirements	will	be	a small	slice	of	the	

proposed	requested	airspace. “Spaceport	America	and	STEM+C	Flight	Series””	requested	

date for	this	event	will	be	(Saturday)	April	30,	2016	at	13:00utc	(06:00am	Mountain	Time)	

through	Sunday	May	1,	2016		at	0200utc	(07:00pm Mountain	Time).

Spaceport	America	was	selected	for	this	event	due	to	the	remoteness	of	the	facility	which	

adds	a	significant	level	of	safety	for	the	requested	event.		The	weather	conditions	in	and	

around	Spaceport	America	are	idea	for	this	event	during	the	requested	time	period.
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Description	of	sUAV/sUASRequested:

The	petitioner	is	seeking	an	exemption	to	non-commercially	operate	sUAV/sUAS	for	

“Spaceport	America	and	STEM+C	Flight	Series”as follows:

sUAV – All	 sUAVs used	 in	this	 event	will	 be	primarily	 constructed	 of	foam,	 and	 or	

fiberglass	(EPO	foam,	EPP	foam,	or	like	material).	Airframes	may	be	reinforced	with	

carbon	fiber,	glues,	adhesives	and	tape	as	necessary.	Total	airframe	weight	for	each	

vehicle	shall	be	less than	9lbs	(4.08kg).		

Wing	span	no	greater	than	....	3	feet

Fuselage	length	no	greater	than	...7	feet

Aircraft	Height no	greater	than	...	1	feet

The	aUAV/sUAV	is	an RVJET	FPV	Flying	Wing	- KIT	(U.S.	Pat.	No.	D734,402	S).

All	sUAVs used	in	this	event	will	have	registration	number:	FA3KLHCMX7,	the	

registration	number	will	be	clearly	marked	on	all	sUAVs as	prescribed	by	the	

FAA	before	the	operation	of	any sUAVs approved	for	this	event.

Typical	sUAS	vehicle	construction	will	consist	of	the	following	systems.		

Video	link	system	...	operated	in	accordance	with	U.S.	FCC	regulations.	Typical	video	

link	 systems	 are	 constructed	 using	 a	 video	 camera,	 video	 transmitter,	 transmitter	

antennas,	 electronic	 filters,	 in	 conjunction	 with	 a	 GPS	 tracking	 system,	 and	 12v	

power	supply.		Video	Link	frequency	will	be	on	the	1.3ghz	specktrum.		Transmission	

wattage	will	be	less	than	1watt,	in	accordance	with	U.S.	FCC	regulations.

Control	 Link	System	 ...	 operated	 in	 accordance	 with	U.S.	 FCC	 regulations.	 	 Typical	

long	 range	 aircraft	 control	 system	 are	 constructed	 using	 a	 receiver	 operated	 on	

433mhz,	receiver	antenna,	receiver	control	signals	are	distributed	from	the	receiver	

to	 various	 aircraft	 systems. Transmission	 wattage	 will	 be	 less	 than	 1watt,	 in	

accordance	with	U.S.	FCC	regulations.

UAV Tracking	...	operated	in	accordance	with	U.S.	FCC	regulations.		Typical	tracking	

systems	are constructed	using	a	GPS	signal	antenna,	a	GPS	receiver	chip,	and	a	GPS	

position	 transmitter.	 	 sUAV	 tracking	 will	 utilize	 the	 APRS	 (Automatic	 packet

reporting	 system),	 144.39mhz.	 	 Transmission	 wattage	 will	 be	 less	 than	 1watt,	 in	

accordance	with	U.S.	FCC	regulations.
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Flight	 controls	 ...	 typical	 aircraft	 control	 construction,	 using	 ailerons,	 rudder,	

elevator,	or	elevon	using	typical	RC	airplane	servos,	linkage	and	receivers	for	control	

input	signals.

Aircraft	electrical	system	...	Primarily	DC	powered	systems	under	24	volts.		Aircraft	

electrical	system	supply electrical	power	to	video systems,	control,	tracking,	aircraft

thrust	systems,	and	other	systems	as	necessary.

See	the	below	include	image	for	an	example	of	proposed	sUAS/sUAV.
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Non-Commercial Purpose:

This	 exemption	 request,	 once	 granted	 would	 allow	the	 petitioner	 and	 authorized	

teams	 to	 operate small	 unmanned	 aerial	 vehicle	 (sUAV/sUAV) during	 the	

“Spaceport	America	and	STEM+C	Flight	Series” at	the	authorized	time	and	location	

of	the	event.		 The	sole	purpose	of	this	event	is	to	give	our	students	a	chance	to	learn	

through	real	world	application	of	STEM	with	an	emphasis	on	safety	of	operation	of	

sUAV/sUAS.

Regulations	from	which	the	Exemption	Relief	is requested:

14	C.F.R.	§	61.113	(a)	&	(b)

14	C.F.R.	§ 61.133(a)

14	C.F.R.	§ 91.7(a)

14	C.F.	R.§ 91.119

14	C.F.R.	§ 91.121

14	C.F.R.	§	91.151(a)

14	C.F.R.	§	91.405(a)

14	C.F.R.	§	407	(a) (1)

14	C.F.R.	§	409	(a) (2)

14	C.F.R.	§	417	(a)	&(b)

The	name	and	address	of	the Petitioner:

STEM+C	Inc.

8720	Country	Shire	Lane

Spring	Grove,	IL	60081

prkaup@gmail.com

Cell	(708)	359-5289360	
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Commitment	to Safety

As	part	of	its	commitment	to	safety	and	innovation	of	new	safety	procedures	with	

regard	to	the	operation	of	sUAV/sUAVs’,	 STEM+C	Inc. is	asking	for	this	exemption	in	

part,	to	explore	how	to	reduce	the	risk	of	injury	to	persons	and	damage	to	property	

with	the	future	use	of	sUAV/sUAV	systems.		

A	safety	briefing	will	be	given	by	a	designated	team	leader	before	each	flight.		The	

safety	briefing	should	contain	the	following.

1. A	 weather	 briefing based	 on	 the	 current	 and	 forecast	 weather	 for	 the	

intended	flight.

a. Local	weather	conditions,	wind,	temperature,	and	cloud	cover.

b. Low	level	wind	forecast,	as	well	as	upper	level	wind	forecast.

c. Predicted	flight	path.

d. The	team	 leader and	team	 members will	 make	 a	 go/no	 go	 decision	

based	on	the	above	information.

2. A	discussion	of	the	intended	landing	location,	and	alternate	landing	locations	

should	an	alternate	landing	location	become necessary.

3. The	team	leader	will	be	responsible	to	see	that	a	“pre-flight	checklist” is	used

to	ensure	that	all	systems	are	checked	and	in	safe	working	condition	prior	to	

flight.

a. The	checklist	shall	address	the	safe	operation	of	each	system	installed	

in	the	sUAS/sUAV,	to	ensure	proper	operation	for	the	intended	flight.
14

The	ExemptionRequest

Stem+C	in	cooperation	with	Spaceport	America	is	seeking	a	2 day	exemption.		The	

exemption	would	be	limited	by	date,	time	and	geographical	location.		The	exemption	period	

would	apply	from (Saturday)	April	30,	2016	at	13:00utc	(06:00am	Mountain	Time)	through	

Sunday	May	1,	2016		at	0200utc	(07:00pm	Mountain	Time). Any	adjustment	to	the	listed	

dates	would	be	requested	in	writing	by	Paul	Kaup	(no	less	than	5 days	prior	to	the	

authorization	period)	to	be	authorized	by	the	administrator.		

The	2 day	exemption	would	be	for	an	event	titled	“Spaceport	America	and	STEM+C	Flight	

Series”.		2	to	4 teams	of	students	from the	United	States	will	be	invited	to	participate	in	this	

event.		Please	reference	the	link	below	for	the	event	web-page.

https://sites.google.com/site/rftstars7/spring-2016-event

The	event	will	take	place	at	Spaceport	America.

Spaceport

Co	Rd	Ao21

New	Mexico	87901

Airspace	use	will	be	coordinated	by	Spaceport	America	in	conjunction	with	agreement	with	

the	White	Sands	Missile	Range	and	the	local	ATC	facilities.		Local	notams	will	be	issued	by	

Spaceport	America	and/or	STEM+C	Inc.	with	the	local	FAA	ATC	facility.		Airspace	use	will	be	

defined	as	35	nm	radius	from	a	point	defined	by	Lat	32.9905	Long	-106.9736	up	to	115,000ft	

msl.	Actual	day	of	use	requirements	will	be	much	less	than	anticipated.

This	 exemption	 application	 is	 submitted	to	 fulfill	 Congress’	 express	 goal	 in	 passing	

Sections	 333(a)	 through	 (c)	 of	 the	 Reform	 Act.	 This	 law	 directs	 the	 Secretary	 of	

Transportation	to	consider	whether	certain	unmanned	aircraft	systems	may operate	

safely	 in the	 national	 airspace	 system	 (NAS)	 before	 completion	 of	 the	 rulemaking	

required	 under	 Section	 332	 of	 the	 Reform	 Act.	 In	 making	 this	 determination, the

Secretary is required to determine which types of UASs/sUAVs do not create	 a	

hazard	to	users	of	the	NAS	or	the	public	or	pose	a	threat	to	national	security	in	light	of	

the following:

 The	sUAV’s/sUAS’s	 size,	weight,	speed,	and	operational	capability;

 Operation	of	the	sUAS/sUAS in	close	proximity	to	airports	and	populated	areas; and

 Operation	of	the	sUAS/sUAV within	visual	line	of	sight	of	the Operator.

Reform	 Act	 §	 333	(a).	 Lastly,	 if	 the	Secretary	 determines	 that	 such	 vehicles	“may	

operate	 safely	 in	 the	 national	 airspace	 system,	 the	 Secretary	 shall	 establish	

requirements	for	the	safe	operation	of	such	aircraft	in	the	national	airspace	system.”	

Id.	§333(c)	(emphasis added).5

The	Federal	Aviation	Act	expressly	grants	the	FAA	the	authority	to	issue	exemptions.	
15

This	statutory	authority,	by	its	terms,	includes	exempting	civil	aircraft,	as	the	term	is	

defined under	§40101	of	the	Act:	The	Administrator	may	grant	an	exemption from a

requirement of a regulation prescribed under subsection (a) or

(b)	of	this	 section	or	any	of	 sections	44702-44716	of	this	title	if	the	Administrator	

finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC

§44711(a);	 49	 USC	 §44704;	 14	 CFR	 §91.203(a)(1)	 This	 authority	 to	 grant	

exemptions	reaches	such	issues	as	authorization	of	commercial	operation	of	aircraft	

without	an	FAA	issued	pilot’s license.

STEM+C	Inc.	is filing	this	application	as	a	request that	the	FAA	combine	the	grant	

of	the	Section	333	exemption	with	a	standard	Certificate	of	Operation	(COA)	that	

will	 allow	 non-commercial	 operations	 of	 its	 STEM+C	 Inc.	 and	 all	

registered/authorized teams	 to	 operate sUAVs’/UAVs’ during	 the	 applied for	

date,	time	and	location without	the	necessity	of	filing	for	a	COA	for	each	flight,	

unless	 such	 flight	 is	 to	 be	 conducted	 in	 an	 area and	 or	 time not	

approved/authorized	by	the	exemption.	

Operator Requirements

Given	 the	 sUAVs’/UAVs’ proposed	 by	 STEM+C	 Inc	 and	 all	 registered	 teams	 for	

“Spaceport	America	and	STEM+C	Flight	Series” operators	should	not	be	required	to	

hold	 a	 private	 pilot	 license.	 STEM+C	 Inc. believes	 that the	 operator,	 instead	 of	

understanding	how	to	operate	a	passenger	carrying	aircraft,	should	have	knowledge	

and	 experience	 that	 enables	 the	 safe	 operation	 of	 a	 small,	 remotely	 piloted	

sUAV/sUAV and	 should	understand	airspace	 restrictions	and	know	how	to	ensure	

separation	from	other	aircraft	as	well	as	non-participants	and	property.

Equivalent	Level	of Safety

14	C.F.R.	§	61.113(a)	&	(b);:	Private	Pilot	Privileges	and	Limitations;	Pilot	in	

Command;

Section	61.113(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	Unlike	a	

conventional	aircraft	that	carries	a	pilot,	passengers,	and	cargo,	the	STEM+C	Inc.	and	

all	 event	 teams’,	 sUAV/sUAV are remotely	 controlled	 with	 no	 passengers	 or	

property	 of	 others	 on	 board.	 Section	 61.133(a)	 requires	 an individual	 with	 a	

commercial	pilot’s	license	to	be	pilot	in	command	of	an	aircraft	for	compensation	or	

hire.	 	 None	 of	 the	 proposed	 sUASs’/sUAVs’	 of	 this	 event	 shall	 be	 of	 commercial	

intent,	for	compensation	or	hire.		STEM+C	Inc.	and	authorized	teams	seek	exemption	

from	this	part	for	the	authorized	“Spaceport	America	and	STEM+C	Flight	Series”.	
16

14	C.F.R.	§	91.7(a):	Civil	aircraft airworthiness.

This	 regulation	 requires	that	no	person	may	operate	 a	 civil	 aircraft	unless	it	is	in	

airworthy	 condition.	 Should	 the	 exemption	 be	 granted	 allowing	 non-commercial	

operation	 of	 the	 sUASs’/sUAVs’	 without	 an	 airworthiness	 certificate,	 no	 standard	

will	 exist	for	 airworthiness	 of	 sUASs’/sUAVs’.	 STEM+C	Inc.	 and	 authorized	teams	

seek	exemption	from	this	part	for	the	authorized “Spaceport	America	and	STEM+C	

Flight	 Series”. STEM+C	 Inc.	 and	 all	 authorized	 teams	 will	 abide	 by	 the	 following	

airworthiness	requirements.	

In	 addition	 to	 the	 “preflight	 checklist”,	 each	 team	 shall	 have	 their	 sUAV/sUAV	

scrutinized	 by	 Paul	 Kaup	 and	 or	 a	 representative	 of	 STEM+C	 for	 safety	 and	

competency	of	 construction.	 	Any	vehicle	found	in	the	opinion	of	Paul	Kaup or	the	

representative	 of	 STEM+C	 not	 to	 be	 airworthy	 will	 not	 be	 allowed	 to	 fly	 during	

authorized	“Spaceport	America	and	STEM+C	Flight	Series”.

An	Airworthy	sUAV/sUAV	for	the	purpose	of	“Spaceport	America	and	STEM+C	

Flight	Series”	shall	meet	the	following	requirements.

1. A	test	flight	of	duration	of	a	minimum	of	2 minutes	of	flight	time	 shall	be	

demonstrated	 prior	 to	 the	 beginning	 of	 the	 event	 date	 in	 order	 to	

demonstrate	airworthiness.		

2. The	 test	 flight	 shall	 be	 in	 a	 representative	 aircraft	 constructed	 of	 the	

identical	 structure	 and	 components	 of	 the	 proposed	 sUAV	 used	 for	 this	

event.

3. The	 test	 flight	 shall	 be	 recorded	 by	 an	 observer	 on	 the	 ground.	 	 The	

recorded	flight	 shall	 be	 sent	 via	 electronic	 means	 and	 or	 a	 recorded	 link	

(youtube	 or	 equvilant)	 sent	to	 prkaup@gmail.com for	further	 review	 and	

approval.	 	Once	 approved	only	 minor	modifications	 so	 as	to	not	 alter	the	

UAV’s	flight	characteristics	shall	be	made.

4. If	 the	 proposed	 sUAV	 is	 to	 be	 a	 glider	 (a	 sUAV	 without	 a	 propulsion	

system),	 there	 is	 no	 relief	 from	 the	 requirements	 of	 the	 test	 flight.	 	 If	 a	

glider	 sUAV	 is	 proposed,	 the	 test	 flight	 shall	 still	 be	 conducted	 and	

submitted	for	approval.		The	proposed	flight	may	require	the	installation	of	

a	 propulsion	 system	 in	 order	to	 meet	the	 requirements	 of	the	test	flight.

The	 propulsion	 system	 shall	 be	 removed	 prior	 to	 the	 authorized	 flight	

during	“Spaceport	America	and	STEM+C	Flight	Series”.

5. The	test	flight will	abide	by	all	rules	and	guidelines	provided	by	the	FAA’s	

“Know	before	you	fly”	requirements.		http://knowbeforeyoufly.org/

6. All	sUAV’s	used	for	the	intent	of	this	event	shall	be	registered	with	the	FAA	

following	 the	 prescribed	 guidelines	 using	 the	 following	 registration	

number:	FA3KLHCMX7
17

14	 C.F.R.	 §91.405	 (a);	 91.407	 (a)	 (1);	 91.409(a)	 (2);	 91.417(a)	 &	 (b):

Maintenance Inspections

These	 regulations	 require	 that	 an	 aircraft	 Operator	 or	 owner	 “shall	 have	 that		

aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	required	

inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have	discrepancies	

repaired	 as	 prescribed	 in	 part	 43	 of	 this	 chapter...,”	 and	 others	 shall	 inspect	 or	

maintain	the	aircraft	in	compliance	with	Part 43.

Given	that	these	 sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	

certificate,	 these	 sections	 will	 not	 apply	 to	 the	 Petitioner.	 Maintenance	 will	 be	

accomplished	by	the	Operator	or manufacturer	pursuant	to	the	flight	manual	 and	

operating	handbook	as	provided	by	the	various	systems	component	manufacturers	

whos’ parts	 and	 components	 are	 used	 in	 construction	 of	 the	 authorized	 teams	

sUAS/sUAV.	An	equivalent	level	of	safety	will	be	achieved	because	these	small	UASs	

are	very	limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	defined	

areas	for	limited	periods	of	time. The	Operator	and	manufacturer	are	most familiar	

with	the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	to	

provide	the	equivalent	level	of	safety.	The	FAA	has	granted	exemptions	for similar

operations in Exemptions 11062 through 11067, 11080 and 11110.

*********

Federal	RegisterPublication

Pursuant	to	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	

the	Federal	Register,	should	it	be	determined	that	publication	is needed:

STEM+C	Inc.	and	authorized	teams	are	seeking	this	exemption	in	the	pursuit	of	

advancing	a	new	generation	of	science	and	math	literacy.		The	nature	of	““Spaceport	

America	and	STEM+C	Flight	Series”	event	necessitates	the	authorization	of	an	

exemption.		The	geographical	area,	date	and	time	would	be	limited	by	the	exemption.		

After	expiration	of	the	authorization,	no	further	authorization	would	exist.		Any	of	the	

applied	for	and	approved	authorizations	would	need	to	be	re-authorized	by	the	

administrator.		

Petitioner seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1);	 91.409(a)(2)	 and	 91.417	 (a)	 &	 (b)	 to	 operate	 non-commercially	 a	

small	unmanned	vehicle	(55	lbs.	or	less)	for	the	following	purposes:.
18

Summary

I	thank	the	administrator	in	advance,	and	look	forward	to	approval	of	the	requested	

exemption.	 Please	do	not	hesitate	to	request	any	additional	information.		I	feel	this	event	can	

safely	take	place	at	the	applied	for	date,	time,	and	location.

Thank	you,

Paul	Kaup

CEO	STEM+C	Inc.

prkaup@gmail.com

cell (708)	359	5289