April 7, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC, 20590

Regarding: CARIBBEAN PROJECT MANAGEMENT REQUEST FOR EXEMPTION UNDER TITLE 14 

CFR, SECTION 333

Dear Sir or Madam;

Since 1991, Caribbean Project Management (CPM) has been privileged to work on some of the 

most recognizable and high-profile commercial buildings and industrial projects in the Caribbean. 

Our works includes projects in the expanding healthcare system, pharmaceutical, infrastructure 

and public projects.

As a Construction Manager, CPM is required to perform different inspections on the outside of 

existing buildings. These inspections validate the construction techniques and procedures and 

often require our employees to be put in situations that require CPM to accept risk. We have 

found that by using a “small Unmanned Aircraft System” (sUAS) with a high resolution camera 

mounted on it, often times we can accomplish the same inspections and alleviate the need to 

put our employees in danger.

CPM shares Congress’s goal of getting sUAS flying commercially in the United States safely and 

soon. In the FAA Modernization and Reform Act of 2012, Congress directed the FAA “to safely 

accelerate the integration of civil unmanned aircraft systems in the National Airspace System and 

under section 333 of the law, gave the FAA power to grant innovators “expedited operational 

authorization” to do so. 

By this petition, Caribbean Project Management (CPM), is seeking authorization to conduct 

operations with a “small Unmanned Aircraft System” (sUAS) on our own construction sites in 
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

April 7, 2015

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order to improve the safety of our employees and ensure quality assurance for the facilities we 

are inspecting.

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 CFR 

Part 11, Caribbean Project Management, (“Petitioner”), requests exemption from several 

provisions of the Federal Aviation Regulations (“FAR”). Specifically, portions of 14 CFR Parts 21, 

27, 45, 61 and 91 to allow, among other things, the use of the sUAS – DJI Phantom, in the National 

Airspace System (NAS) by knowledged individuals in all regulations and operations of aircraft 

according to FAA regulations.

A. Petitioner Information

CARIBBEAN PROJECT MANAGEMENT – CPM

Corporate Office Park, CPM Plaza, Suite 200

Road 20, Km 2.6, Guaynabo, PR 00966-3177

Phone: (787) 999-4000

Fax (787) 999-4010

B. Specific section or sections of 14 CFR from which CPM seeks exemption

a. 14 CFR Part 21 Subpart H

b. 14 CFR Part 27

c. 14 CFR § 45.23(b)

d. 14 CFR § 45.27

e. 14 CFR §§ 61.113(a) and (b) 

f. 14 CFR § 91.119

g. 14 CFR § 91.121

h. 14 CFR § 91.151(a);

i. 14 CFR § 91.203(a) and (b)

j. 14 CFR § 91.405(a)

k. 14 CFR § 91.407(a)(1)

l. 14 CFR §§ 91.409(a)(1) and (2)

m. 14 CFR §§ 91.417(a) and (b)

C. The reasons CPM seeks relief

If granted the above exemptions, CPM will operate the sUAS with the property owner’s 

permission. CPM intends to use the sUAS for the following activities;
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

April 7, 2015

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a. Surveying hard to reach areas of buildings

b. Roof top inspections

c. Building Exterior Envelope Inspections

d. Visual Documentation of Existing Site Conditions before Construction

e. Visual Documentation of Existing Site Conditions during Construction

f. Visual Documentation of Existing Site Conditions after Construction

g. Quality Control / Quality Assurance Inspections

D. The Aircraft

Caribbean Project Management specifically proposes to conduct UAS operations using small UAS 

including the DJI Phantom 2. The DJI Phantom is a multi-rotor aircraft built with a carbon 

airframe. The DJI Phantom has a maximum takeoff weight of 1 kg (2.21b. The DJI Phantom is 

powered by a 3-Cell Lithium Polymer battery with 5200 mAh, which provides 10-15 minutes of 

flight. The DJI autopilots features auto-takeoff and landing, auto go home and landing, GPS 

waypoint navigation, direction lock, and GIS Mapping. 

Specifications include: DJI Phantom: 

• Diameter: 350 mm (1.15ft) 

• Maximum Weight: 1 kg (2.2 lb) 

• Number of Motors: 4 

• Power of Motors- 114 W 

• Maximum Cruise Speed: 10 m/s (19 kts) 

• Maximum Climb Rate: 6 m/s (-1200 fpm) 

• Maximum Wind Speed: 8 m/s (15.6 kts) 

Caribbean Project Management agrees that the UAS will include, at minimum: flights not to 

exceed a maximum altitude ceiling of 400' AGL, flight programming capabilities, a flight 

termination link available to the operator to prevent a "fly away," and safe abort procedures. If 

the UAS loses communications or its GPS signal, the UAS will return to a pre-determined location 

and land or be recovered in accordance with the Operations Manual. The UAS will have markings 

identifying the serial number and identification (N-number) markings as large as practicable. 

Further, CPM's UAS operation will comply with all manufacturer Safety Bulletins. The UAS to be 

used will weigh less than 25 pounds and would be specifically 
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

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E. Operating Parameters

a. Petitioner proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level 

of safety to operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to the already safe 

operations conducted with conventional aircraft. Further details about the 

aircraft and operating procedures are available in the Operations and Training 

Manual. 

b. The limitations and conditions to which CPM agrees to be bound when 

conducting operations with sUAS include;

i. UAS Pilot and Observer

1. Completed FAA Private Pilot Ground school instruction and 

passed the FAA Private Pilot written exam.

2. All UAS operations must utilize a visual observer ("VO").

3. The pilot-in-command ("PIC") and VO must be able to 

communicate verbally during all operations. If unable to 

maintain two-way communication, or if any condition occurs 

that may otherwise cause the operation to be unsafe, the 

operator will immediately conclude the operation.

ii. Operational Parameters

1. Aircraft will not carry pilots or passengers, and aircraft will not 

carry explosive materials or flammable liquid fuels.

2. UAS must be operated within visual line of sight of the pilot at 

all times.

3. UAS may not be flown at ground speeds exceeding 30 knots.

4. Flights will be operated at an altitude of no more than 400 feet 

above ground level.

5. Each sUAF operation will be completed within 20 minutes flight 

time or 25% battery power remaining, whichever occurs first. 

At 30% battery the sUAS will enter a return and land sequence, 

at 20% it will land immediately.

6. The UAS flight will be aborted in the event of unpredicted 

obstacles or emergencies in accordance with the Operations 

Manual.

7. Operations will be limited to sparsely populated areas under 

the land owners consent.
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8. The operator must obtain a Certificate of Waiver of 

Authorization (COA) prior to conducting any operations under 

this grant of exemption.

9. Before conducting operations, the radio frequency spectrum 

used for operation and control of the sUAS will comply with 

the FCC or other appropriate government oversight agency 

requirements.

10. sUAS operations will not be conducted during night, as defined 

in 14 C.F.R. § 1.1. All operations will be conducted under visual 

flight rules (VFR).

11. The sUAS will not be operated by the PIC from any moving 

device or vehicle.

12. The sUAS will not be operated less than 500 feet below or less 

than 2,000 feet horizontally from a cloud or when visibility is 

less than 3 statute miles from the PIC.

13. The sUAS will not operate in class B, C, or D airspace without 

approval from the FAA. The sUAS will not operate within 5 

nautical miles of the geographic center of a non-towered 

airport as denoted on a current FAA published aeronautical.

14. Any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operation area defined by 

the applicable COA will be reported to the FAA’s office within 

24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained 

on the NTBS web site; www.ntsb.gov.

15. The operator will follow the procedures as outlined in its 

Operation Manual.

16. The Operations Manual will be made available upon request.

17. Prior to each flight, the pilot will inspect the sUAS to ensure it 

is in condition for safe flight. If the inspection reveals a 

discrepancy, the aircraft will be prohibited from operating until 

the necessary maintenance has been performed and the sUAS 

is found to be in a condition for safe flight.

18. All maintenance and alterations will be properly documented 

in the aircraft records.

19. Petitioner will institute a rigorous maintenance program to 

ensure airworthiness of the sUAS. Operator will follow the 
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

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manufacturer's sUAS aircraft/component, maintenance, 

overhaul; replacement, inspection, and life limit requirements.

20. Operator will develop procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, 

alterations, status of replacement/overhaul component parts, 

and the total time in service of the UAS. These procedures will 

be added to the Operations Manual.

Specific Sections of C.F.R. from which Petitioner SeekS an Exemption

Caribbean Project Management requests exemption from the following Federal Aviation 

Regulations (FARs) to the extent necessary to enable the requested sUAS operations for the 

reasons detailed below;

1. 14 C.F.R. Part 21 Subpart H Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates. Given the size and limited operating area associated with 

the aircraft to be utilized. An exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation 

Act and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the proposed environments and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The DJI Phantom is to be operated hereunder is less than 25 pounds each including payload, 

carries neither a pilot nor passenger, carries no explosive materials nor flammable liquid fuels, 

and will operate exclusively within the parameters stated in the Operations Manual. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both 

the operator and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation. Finally, these UAS, as a result of its 

size, weight, speed; operational capability and operation within visual sight will not create a 

hazard to users of the national airspace system or pose any threat to national security.
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

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2. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's DJI Phantom would otherwise require 

certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's 

airworthiness standards for the same reasons identified in the exemption request from item A. 

14 CFR Part 21, Subpart H.

3. 14 C.F.R. § 45.23(b) Display of Marks; General; 14 C.F.R. § 45.27 Location ofMarks; NonFixed Wing

Aircraft Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6 

inches high the words such as "limited, "restricted," and "experimental," as applicable. Section 

45.27 requires that each operator of a rotorcraft must display on that rotorcraft horizontally on 

both surfaces of the cabin, fuselage, boom, or tail the marks required by§ 45.23.

Given the size of the UAS, two-inch lettering will not be feasible. The sUAS will also have no

entrance to the cabin, cockpit, or pilot station on which the applicable words can be placed. An 

equivalent level of safety will be achieved by having any required words displayed on the aircraft, 

as applicable, in letters of legible size, in a location where the pilot, observer, and others working 

with the sUAS will see the identification. The FAA has issued exemptions to § 45.23 in Exemptions 

Nos. 10700, 8738, 10167, 10167A and 11062. The FAA issued an exemption to 45.27 in Exemption 

No.8496B.

4. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level 

safety of current operations by requiring the PIC operating the aircraft to have completed FAA 

Private Pilot Ground school instruction and passed the FAA Private Pilot written exam to operate 

this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is 

remotely controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance as set forth in the Operations 

Manual. The level of safety provided by the requirements included in the pilot's certificate 

operating a conventional aircraft. The risks associated with the operation of the UAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the UAS as requested with a private pilot as the PIC 
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Caribbean Project Management Request for Exemption Under Title 14 CFR, SECTION 333

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exceeds the present level of safety achieved by 14 C.F.R.§§ 61.113 (a) and (b). The FAA issued an 

exemption to this regulation in Exemption No. 1 1062.

5. 14 C.F.R. § 91.119 Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400' AGL. As set forth herein, except for the limited conditions stated in the 

Manual, the sUAS will never operate at altitudes higher than 400' AGL. It will however be 

operated in an area with perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The equivalent level of safety will be achieved 

given the size, weight, speed of the sUAS as well as the location where it is operated. No flight 

will be taken without the permission of the property owner or local officials. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the maximum 25lbs proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 400' AGL. In addition, 

the low-altitude operations of the UAS will ensure separation between these small UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

The FAA issued an exemption to this regulation in Exemption No. 11062.

6. 14 C.F.R. § 91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set to the elevation of the departure airport or an appropriate 

altimeter setting available before departure. The sUAS will have a barometric altimeter for 

measuring relative altitude changes, but the displayed altitude on the ground station will be GPS 

measurements, therefore an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the Operations Manual, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. The FAA issued an exemption to 

this regulation in Exemption No. 11062

7. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions

Section 91.151 (a) prohibits an individual from beginning a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

Complying with the 30 minute reserve requirement in 14 C.F.R. § 91.151, would unnecessarily 
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limit the length of Caribbean Project Management's sUAS flights. The batteries powering the DJI 

Phantom provide approximately 15 minutes of flight time. To meet the 30 minutes reserve 

requirement in 14 C.F.R. § 91.151, the sUAS flights would not be possible. Given the limitations 

on the UAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight conditions is reasonable. Operating 

the small sUAS in a tightly controlled area where only personnel and property owners will be 

present does not engender the type of risks that§ 91.151(a) was intended to alleviate given the 

size and speed of the small sUAS. Caribbean Project Management believes that an equivalent 

level of safety can be achieved by limiting flights to 12 minutes or 25% of battery power, 

whichever happens first. The FAA issued an exemption to this regulation in Exemption No.1 1062 

and 10673.

8. 14 C.F.R. §91.203 (a) and (b) Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part; 

a. Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

i. An appropriate and current airworthiness certificate 

b. No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew.

The UAS fully loaded weighs no more than 25 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700.

9. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1) Operation After 

Maintenance, Preventive Maintenance, Rebuilding or Alteration; 14 C.F.R. §§ 

91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records

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 
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in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...” and others shall inspect or maintain in 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 

pursuant to the Operations Manual. An equivalent level of safety will be achieved because these 

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

areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and 

will be operating from no higher than 400' AGL. As provided in the Operations Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person 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 issued an exemption to these 

regulations in Exemption No. 11062. 

10. Such Other Relief as the FAA Deems Appropriate 

Caribbean Project Management also requests exemption from such other FARs as the FAA Grant 

of Exemption issued pursuant to this Petition, the FAA issues interim or final rules for small UAS, 

Caribbean Project Management requests that it be relieved of the requirements of any conditions 

and limitations of said exemption and allowed to comply with any less burdensome applicable 

regulations that may have become effective.

CONCLUSION

Based on the satisfaction of the criteria provided in Section 333 of the FMRA regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, Caribbean Project Management requests that the FAA 

grant it the necessary exemptions under Section 333 of the FMRA as requested herein to allow 

the use of small UAS aircraft for inspection of construction projects.

If you need additional information, don’t hesitate to contact us at 787-999-4000.

Cordially,

José R. Torres Morales, PE

VP Projects and Risk Management