April 28, 2015 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request under Section 333 - Small UAS

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the NAS. Section 333(a) states that the FAA “shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the (comprehensive) plan and rulemaking 

required by section 332(b)(1) of this Act or the guidance required by 

section 334 of this Act.” In Section 332(b)(1), The Petitioner “STAR 

ENGINEERING SERVICES” proposes the following exemptions and meets all 

requirements to permit FAA approval of commercial UAS operations. 

 

The proposed exemption, if granted, would allow Petitioner to conduct commercial 

operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section 333. 

Petitioner is an aerial and technical photography company that plans to exploit the 

capabilities of Unmanned Aerial Systems to offer a multitude of services, including: 

 - Aerial surveying 

 - Agriculture 

 - Aerial filmmaking and photography 

 - Real Estate 

 - Construction site inspections and monitoring 

 - Educational and research operations 

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Engineering Services
(a) The name and contact information of the applicant are: 

Star Engineering Services LLC 

PO Box 9057, Caguas PR 00726 

Attn: Victor Diaz 

Phone: (787) 222-5712 

Email: victormdiazjr@me.com

(b) The I. II. III. IV. V. VI. VII. VIII. IX. X. XI. 

specific section or sections of 14 CFR from which exemption is sought

14 CFR 21

14 CFR 36

14 CFR 45.23, 45.27

14 CFR 45.29

14 CFR 61.113

14 CFR 91.9

14 CFR 91.103

14 CFR 91.119

14 CFR 91.151

14 CFR 91.203

14 CFR 91.405, 91.407, 91.409, 91.417

(c) The extent of relief sought is for the duration of the Grant of Exemption, 

unless otherwise specified. 

The reason to seek the relief is as follows: 

I. 14 CFR 21 

i. The petitioner requests relief from 14 CFR part 21. The UAV is a small rotorcraft 

weighing less than 25 pounds during operation. The UAV maximum speed is 25mph 

and the operating area will be limited to remote or impassable locations where 

vehicular traffic is non-existent or controlled. The PIC will maintain VFR Rules flying 

at no more than 400 feet and will operate the UAV during the day in line-of-sight so 

as not to create a hazard to users of the National Airspace System or the Public or 

pose a threat to national security. 

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II. 14 CFR 36 

i. The Petitioner requests relief from any associated noise certification and testing 

requirements of part 36. As a note, according to the manufacturer’s specifications, the 

UAV operates below 40db within 50 meters. 

III. 14 CFR 45.23, 45.27 

i. The UAV does not currently display marks consisting of the Roman capital letter “N” 

followed by the registration number of the aircraft in compliance with 14 CFR 45.23 and 

14 CFR 45.27. The Petitioner will register the UAV with the FAA and ensure UAV is 

marked as appropriate before using the UAV in the NAS for commercial purposes. 

IV. 14 CFR 45.29 

i. The Petitioner request relief from the size requirements under this section due to the 

size limitations of the UAV. We propose to use marks as large as possible on the UAV 

as well as keep registration information with the PIC during operation. 

V. 14 CFR 61.113 

i. The Petitioner currently does not have commercial pilot licenses and requests relief 

from 14 CFR part 61.113 The flight is only incidental to the proposed business or 

employment; and the aircraft does not carry passengers or property for compensation or 

hire.

VI. 14 CFR 91.9 

i. Relevant materials shall be kept in a location accessible to the PIC in compliance with 

the regulations. 

VII. 14 CFR 91.103 

i. In regards to 91.103(b), the UAV will not be operated within any Class B, C, or D 

airspace; but, the PIC will follow all other applicable pre-flight actions including 

reviewing weather, flight battery requirements, landings, and takeoff distances and 

aircraft performance data before initiation of flight. 

VIII. 14 CFR 91.119(c) 

i. The Petitioner requests relief from this section because PIC will ensure the UAV is 

operated in controlled environments outside of populated areas away from public and 

traffic; avoiding of areas which are depicted in “yellow” on VFR charts, as well as 

obtaining and assessing information regarding congested areas from the local Flight 

Standards District Office (FSDO) and avoiding areas of congestion. The UAV will not be 

operated within 500 feet of vehicles or objects in open areas. The Petitioner requests 

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that if barriers or structures are present that can sufficiently protect nonparticipating 

persons from the UAV or debris in the event of an accident, the PIC may operate closer 

than 500 feet to persons afforded such protection. The operator will ensure that 

nonparticipating persons remain under such protection. 

IX. 14 CFR 91.151 

i. The Petitioner requests exemption from this section due to the maximum flight time 

available from this UAV. The UAV total flight time is limited to 30 minutes and therefore 

the PIC would not be able to meet the minimum standards and still conduct the 

inspections. The UAS is equipped with a visual battery indicator that displays the battery 

levels at all time. 

Additionally, the UAS has a visual alarm that indicates when the battery reaches a state 

of 20% battery life, or approximately 7 minutes of flight time. These indicators, coupled 

with pilot awareness and the emergency return-to- station setting will supply ample time 

to land the UAV safely in the event of low battery. 

X. 14 CFR 91.203 

i. The Petitioner requests relief from 14 CFR 91.203 as the appropriate airworthiness 

certificate does not exist for this UAS. Additionally, the certificate cannot be displayed in 

the aircraft due to the size and physical structure of the UAV. 

XI. 14 CFR 91.405, 407, 409, 417 

i. The Petitioner requests relief from 14 CFR 91.405, 407, 409, and 417 The above-cited 

regulations require, in general, aircraft owners and operators to inspect the aircraft “...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.” These regulations apply to aircraft with an Airworthiness 

Certificate. Therefore, these sections are not applicable to this UAS. Operators will 

adhere to requirements located within the operations manual. 

(d) The reasons why granting this request would be in the public interest; that is, 

how it would benefit the public as a whole 

I. Personnel Safety 

i.Construction sites and land movements are areas of his risk for inspector and 

any foot traveler. With the help of UAS more complete site inspections can be 

performed without risking the life and safety of employees. 

II. Access to remote or Unreachable areas 

i. Segments of Construction Sites, dams, farms, pipelines, and bridges may 

currently be or become unreachable, partially obscured, or impracticable for 

inspection by conventional means, such as physically walking the line, or utilizing 

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airplane or helicopters for inspections. Access to assets can also be partially or 

completely blocked by environmental singularities, such as vegetation growth, or 

blocked by mechanical means such as vehicle accidents, new construction, or 

road maintenance. The use of our UAV will ensure access to remote or 

impassable areas on an as-needed basis as well as during or after uncontrolled 

singular events. 

III. Cost Effectiveness 

i. Currently, multiple personnel consisting of agency officials, employees and/or 

contractors are often required to conduct field inspections on large projects over 

vast amounts of terrain in order to ensure public safety and meet regulatory 

requirements. Inspections can require a substantial amount of person-hours and 

persist for days or weeks at a time due to terrain and accessibility issues. 

Factoring in engineering, planning & scheduling, safety meetings, mileage, 

recovered man-hours, potential down time due to injury, potential worker’s 

compensation savings, and the intangible consideration of keeping employees 

injury-free, the current system of inspecting these assets becomes costprohibitive. UAV inspections in select areas are timelier, safer and more efficient 

than the conventional methods for conducting these inspections. Our UAV 

inspections will free up otherwise occupied employees, and provide a more 

economic approach to the traditional inspection, thus lowering operational costs. 

Lower overhead for corporations could lead to end-user savings such as 

decreased utility bills. 

(e) The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that provided 

by the rule from which the exemption is sought 

 I. The petitioner states that the unmanned aircraft (UA) to be operated under this 

request is less than 25 lbs. fully loaded, flies at a speed of no more than 20 

knots, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area as set out 

in the POH. The crafts are the S1000+ eight-rotor and Phantom 2 Quad-rotor 

manufactured by DJI. The VTOL crafts are an Octorotor-type design that has 

eight motors and the Quad-rotor with 4 motors, both systems include GPS 

system, full autonomous autopilot capabilities, telemetry and manual ground 

control. 

In addition, each craft has integrated safety features built into the design of the 

UAS, as described in the POH, to ensure the safety of persons and property 

within and surrounding the limited operating area. In the event of a 

communication loss in manual control, the UAS switches to GPS control and 

return to its takeoff coordinates to perform a “FailSafe Landing” within the 

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Security Perimeter. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies. 

Petitioner’s UAS’s will be identified by serial numbers, registered in accordance 

with 14 C.F.R. Part 47, and have identification (N-Numbers) markings in 

accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as 

practicable. 

 II. The aircraft will be operated with both a PIC and a ground-based Visual 

Observer (VO) in accordance with FAA Policy N 8900.227 Section 14, 

Operational Requirements for UAS. Operations will be conducted in remote or 

inaccessible regions with the permission of the land owner; and all required 

permits will be obtained from state and local government before operation. The 

UAV will not be operated within 500 feet of vehicles or objects in open areas, 

unless barriers or structures are present that can sufficiently protect 

nonparticipating persons from the UAV or debris in the event of an accident. The 

PIC will file a Notice to Airmen (NOTAM) providing location and a date/time for 

each operation and a VFR Flight Following, if necessary. 

 III. The aircraft will not be operated over urban or populated areas; at air shows or 

over an open-air assembly of people; over heavily trafficked roads; or within 5 

nautical miles of an airport or heliport. Flight operations will be limited to day, 

visual meteorological conditions and the aircraft will remain within visual line of 

sight of the PIC at all times. 

 IV. This exemption will provide a greater level of safety to that provided by the rule 

from which the exemption is sought due to the current nature of conducting 

inspections in remote regions. Because UAS flights are not currently authorized 

for commercial use, methods for inspecting remote assets are limited to 

pedestrian or helicopter operations. Where helicopter operations are not feasible 

due to environmental or mechanical obstructions, and or Structural elements, 

utilizing the UAV will provide a safe alternative to the inherent dangers of walking 

through these regions to conduct the required inspections. The small size, 

extreme maneuverability and zoom capabilities on the camera allow for a safe, 

unimpeded inspection of critical infrastructure assets. 

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(f) Summary to publish in the Federal Register

I. The rule from which exemption is sought 

i. Star Engineering Services LLC seeks exemption under §333 of the FAA 

Modernization and Reform Act of 2012 (Public Law 112-95) from 14 CFR 21; 14 CFR 

36, 45.23; 45.27, 45.29; 61.113; 91.9(b) (2); 91.103(b); 119(c); 91.151(a); 

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

II. A brief description of the nature of the exemption sought 

i. Star Engineering Services LLC requests an exemption under Section 333 of the FAA 

Modernization and Reform Act of 2012 for commercial flight of its UAS. Star 

Engineering Services provides aerial photography and inspection focused on 

Construction and Technical Applications. With approval of this petition, Star Engineering 

Services will utilize our UAS to perform inspections, progress reports, surveying, 

mapping and other related services focused on the construction industry. Proposed 

operations will be performed in full compliance with aviation safety regulations. As per 

14 CFR §11.81, this petition for exemption is prepared and filed in accordance with 

regulation to request exemptions from the Federal Aviation Regulations pertaining to 

operation of a UAS so that operations can be commercially completed in accordance to 

all applicable FARs that would pertain to a small UAS. 

(g) Any additional information, views or arguments available to support request 

I. Argument 

We here at Star Engineering Services are requesting this exemption because we 

strongly believe in the continuous improvement of safety measures that offer to protect 

our field personnel from the inherent dangers of the work environment, also we seek to 

improve and develop the investigation and data collection methods in the technical 

perspective of the construction processes. The use of Unmanned Aircraft Systems 

affords us a great opportunity to reach both of these goals. Through adopting and 

utilizing UAS technological advancements within these fields, we are unlocking the 

potential to create a safer workplace for our loved ones, ensure regulatory requirements 

are exceeded, and build inspection data with which we can improve and protect the 

infrastructure of these crucial industries. We look forward to working with the FAA in 

meeting and exceeding these goals in the near future. 

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II. Additional Information 

Unmanned Aircraft Systems 

Name: Star 1 

Manufacturer: DJI 

Model: S1000+ 

Weight: max 24lb 

Battery Flight Time: 24mins 

Video Transmitter : DJI LightBridge 

Camera: Canon 5D 

Name: Star 2 

Manufacturer: DJI 

Model: Phantom 2 

Weight: max 9lb 

Battery Flight Time: 27mins 

Video Transmitter : 5.8 Ghz 

Camera: GoPro3 

Pre-flight Inspection, Maintenance 

Before each flight the PIC will perform a series of pre-flight and takeoff checks as 

defined by the POH supplied. After each 60 minutes of airtime, the craft will undergo a 

thorough inspection of all aircraft components, including, but not limited to: 

a. Actuators / Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station 

UAS Operating Parameters 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of 

pilot, in daytime VFR flight conditions and all operations will be conducted with the 

assistance of a second spotter/observer. Altitude is accurately measured by GPS. The 

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petitioner further states that an operator will ensure that only consenting production 

personnel will be allowed within 100 feet of the UA operation, and UAS will be kept at 

least 100’ from any inhabited structure. Generally the petitioner’s UAS will be operated 

in Construction Sites and unpopulated areas.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, and hangliders). Petitioner will not conduct UAS 

operations within 5 nautical miles of the geographic center of a non-towered airport 

unless a letter of agreement with that airport’s management is obtained and the 

operation is conducted in accordance with a Notice to Airmen (“NOTAM”). 

Pilot in Command (PIC) 

The pilot in command will be Star Engineering Services CEO Victor M. Díaz. Mr. Díaz is 

an entrepreneur with a Bachelor of Electrical Engineering focused on Automatic 

Controls and Electronics and has accumulated more than 75 flight cycles and 35 hours 

of total time as a UA rotorcraft pilot. The PIC pursues to develop techniques and 

applications of UAS to optimize the construction industry processes and data collecting.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will 

comply with the other applicable procedures and requirements stated in § 91.103(a) and 

(b). Specifically, the PIC will take all actions including reviewing weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before 

initiation of a flight. The PIC will also account for all relevant site-specific conditions in 

their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s 

and VO’s ability to see other air traffic and initiate a return-to-home sequence if needed. 

Radio Frequencies 

Radio frequencies used will be those allotted by the FCC for data transmission and 

vehicle control in unlicensed frequency bands. All devices used will comply with FCC 

usage and emissions regulations. 

Safety and Benefits of the UAS 

The petitioner will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer myriad benefits over the use of full-sized manned aircraft for construction and 

surveying, electric power line inspection, oil/gas pipeline inspection, advanced 

agriculture, film and still photography, just to name a few. Replacing significantly larger 

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manned aircraft carrying crew and flammable fuel with small UAS carrying no 

passengers or crew creates a much greater margin of safety for the pilots and crew. 

The Petitioner has Supplied the Following Additional Information: 

Appendix

DJI S1000+ Pilot Operating Handbook (POH) and User Manual

DJI Phantom 2 User Manual

Conclusion 

For the foregoing reasons, the exemptions requested herein are essential for the 

performance of this specific technical services and procedures and the Petitioner should 

be permitted to conduct small UAS operations in accordance with its manuals and all 

other operating parameters deemed necessary and appropriate by the FAA. 

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