US Department of Transportation Exemption Request Pursuant to 

Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation 

February 9, 2016 

Richard D. Martinez 

Aerial Advantage Media Group 

330 Grandview Circle, Camarillo, Ca 93010. 

rmpoly9938@gmail.com - 805-914-9977

U.S Department of Transportation Docket Management System 

1200 New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations from: 

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and 

(b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 

CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

The exemption is in the public interest. Pursuant to the authority 

contained in 49 U.S.C. 106(f), 40113, and 44701. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned 

Aircraft Systems (UAS), Richard D. Martinez, hereby applies for 

an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of Designated UAS, 

provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as 

required by Section 333. 
Thank you in advance for your consideration. 

Commercial operation of an UAS, as described herein, which are 

equipped with camera(s) and sensors, would provide professional 

services in the following areas: 

1. Roof Inspections

2. Photography / Videography

3. Real Estate

4. Construction Site Inspections 

5. Public and Private Events

6. Pipe Line Inspections

7. Agriculture survey, mapping, management and 

education.

8. Solar / wind Inspections

9. Motion Pictures

10. Search and Rescue

11. Weddings 

As described fully below, the requested exemption would permit 

the operation of designated UAS as set forth in this document 

under controlled conditions in the NAS that would be a) limited b) 

controlled c) predetermined and d) safe. Approval of this 

exemption would increase public awareness of UAS operations 

and enhance safety to aid in fulfilling 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." 

The name and address of the applicant is 

Richard D. Martinez 

Aerial Advantage Media Group

330 Grandview Circle. Camarillo, CA 93010.

rmpoly9938@gmail.com
From which the exemption is requested: 14 CFR Part 21 

subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) 

14 CFR 91.409 (a) 

14 CFR 91.417 (a) 

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see 

Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket 

No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket 

No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket 

No. FAA−2014−0642), and 12645 to Allied Drones (see Docket 

No. FAA-2014-0804), There is enhanced safety achieved using 

an unmanned aircraft (UA) with the specifications described by 

the petitioner and carrying no passengers or crew, rather than a 

manned aircraft of significantly greater proportions, carrying crew 

in addition to flammable fuel, gives the FAA good cause to find 

that the UAS operation enabled by this exemption is in the public 

interest. 

Richard D. Martinez

Will operate one or more of the Following model UAS. 

, Yuneec Typhoon, 3 DR iris, 3 DR Solo, DJI s1000, DJI s900, DJI 

s800, DJI Phantom 3, DJI Inspire x5/x3, Atla.
Safety requirements. The approval of this application presents 

no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to 

reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly, the applicant 

graciously requests that the FAA grant the requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher 

level of safety because operations will further enhance the safety 

of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere 

to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) 

include: 

1. The UAS will weigh significantly less than 55 lbs. 

2. The UAS, depending on the model in operation, will have a 

maximum operating speed of no more than 50mph. 

3. Flights will be operated within line of sight of the Pilot in 

Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be 

depending on the UAS model in operation, but will not exceed 30 

minutes. Flights will be terminated at 25% battery power reserve 

or 30 minutes of flight time whichever occurs first. 
5. Flights will be operated at an altitude of no more than 400 feet 

Above Ground Level (AGL) and not more than 200 feet above an 

elevated platform from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot 

and at least one Visual Observer (VO), and may include a third, 

but separate, Camera Operator (CO). 

7. The UAS pilot will be a designated Pilot in Command (PIC) . 

The PIC will have logged a minimum of 20 hours on the 

designated UAS. 

8. A safety briefing will be performed prior to each day's flights 

consisting of all the days' Production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological 

Conditions (VMC) only. 

11. The flights will occur in Class G airspace no closer than a mile 

radius of the geographic center/Airport Reference Point (ARP) of 

a tower controlled or uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the 

geographic center/Airport. 

13. The operator will do a pre check of aircraft prior to each flight. 

And log each flight. 

14. The operator will obtain verbal/written consent of all persons 

involved with the planned operation and ensure that only 

consenting persons will be allowed within 

100 feet of the flight operation, and the radius may be reduced to 

30 feet based upon an equivalent level of safety determination, as 

U.S. Department of Transportation required under the FOM. With 
the advanced permission of the FSDO, operations at closer range 

may be approved. 

15. The PIC and VO will have been trained in operation of UAS 

and receive up to date information for the particular UAS to be 

operated. 

16. The PIC and VO will be able to communicate by voice and/or 

radio at all times. 

17. The PIC will abide by all rules 

18. If the UAS loses communications with the remote controller or 

loses GPS signal, the UAS will have the capability to return to a 

predetermined

location within a designated location and land autonomously. 

19. The UAS will have the capability to abort a flight in case of 

emergencies with an automated "Return Home and Land" 

function. 

20. The UAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies such as low 

battery. 

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

lateral or vertical boundaries of the operational area as defined by 

the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, 

establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). 

Given the size and limited operating area associated with the 
aircraft to be utilized by the Applicant, 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 (49 U.S.C.§44701 (f)) and Section333 of the Reform 

Act 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 restricted environment 

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 UAS to be operated hereunder is 

less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated 

area. 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. These safety enhancements provide a greater 

degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat 

to national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external 

load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation 

requires: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or 
light sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words 

"limited/' "restricted/' "light sport/' "experimental/' or "provisional/' 

as applicable. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation 

requires: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or 

light sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words 

"limited/' "restricted/' "light sport/'"experimental/' or "provisional/' 

as applicable. Even though the UAS will have no airworthiness 

certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two 

inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). US 

Department of Transportation February 20, 2015 The equivalent 

level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and 

others working with the UAS will see the identification of the UAS 

as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed 

UAS operations may achieve an equivalent level of safety as 

achieved by current Regulations because the applicant's UAS do 

not carry any pilots or passengers nor property. The risks 

attendant to the It is believed that the operation and limitations set 

forth in the FOM will equate to the safe operation of the UAS. 

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation 

requires that no person may operate a civil aircraft unless it is in 
airworthy condition. As there will be no airworthiness certificate 

issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given 

the size of the aircraft for maintenance and use of safety 

checklists prior to each flight, an equivalent level of safety will be 

provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in 

the Aircraft. Section 91.9 (b) {2) provides: No person may operate 

a U.S. registered civil aircraft ... (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof. The UAS, given its size 

and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to 

it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each 

pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not 

be provided for the aircraft an exemption will be needed. The PIC 

will take all actions as stated in the FOM in Section 4 under 

Normal Procedures including but not limited to reviewing weather, 

flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that 

no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls. UAS and remotely piloted 

aircraft, by their design do not have fully functional dual controls. 
Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. 

The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety 

is provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

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 UAS that is a 

helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will 

never operate at higher than 400 AGL with the exception that in 

circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the 

structure. It will however be operated in a restricted area with 

security 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, 

and speed of the UAS as well as the location where it is operated. 

No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting 

far more than the maximum SSibs. 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 500 AGL. In addition, the low altitude 

operations of the UAS will ensure separation between these UAS 

operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

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." As the UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an U.S. exemption 

may be needed. An equivalent level of safety will be achieved by 

the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight. 

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." The applicant believes that an exemption from 

14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS in a tightly controlled area where only people 

and property owners or official representatives who have signed 

waivers will be allowed does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and 

speed of the small UAS. The applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 30 minutes or 

25% of battery power- whichever happens first. This restriction 
would be more than adequate to return the UAS to its planned 

landing zone from anywhere in its limited operating area. 

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: (1) 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 well under the proposed 551b limit 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. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 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 applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved 

because the UAS is very limited in size and will carry a small 

payload and operate only in restricted areas for a limited period of 
time. If mechanical issues arise the UAS can land immediately 

and will be operating from no higher than 400 feet AGL. 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. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance 

with the UAS Manufacturer's User Manual. As provided in the 

FOM, and a link on last page, the operator will ensure that the 

UAS is in working order prior to initiating flight and perform 

required maintenance needed. 

Additional Information. 

The applicant, Richard D. Martinez, believes this exemption 

request and associated safety considerations adequately satisfy 

criteria provided in Section 333 of the Reform Act of 2012, 

providing sufficient justification for the granting of commercial 

operations of the applicant's UAS. I also feel its in the public’s 

interest on granting the exemption, as we can educate them at 

the same time. And all the positive sides of the new technology 

and the level of safety. 

The applicant Richard D. Martinez, requests your respective 

approval of thisSection 333 exemption petition request.

Thank you for your attention in this matter. Please notify Richard 

D. Martinez of your actions or approvals. Thank you, for your 

interest in this request. 

Sincerely,

Richard D. Martinez