# MARTINEZ AERIAL VIDEO SERVICES

• r"': IJ 'y -.w REAL ESTATE, INDUSTRIAL, AGRICULTURAL, COMMERCIAL AND RESIDENTIAL

July 6, 2016
U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 515 E. BARRUS PLACE CASAGRANDE ARIZONA 85122-1601 TEL(520)705-4268 FAX (602) 650-0684 Email: kd7gmk@gmail.com www .martinezaerial.com

Re: Amendment to Exemption Request Under Section 333 ofthe FAA Reform Act, 49 U.S.C. §44701(f), and Part 11 ofthe Federal Aviation Regulations (DocketNo. FAA-2015-3523), Exemption number 13415
Dear SirorMadam:
On behalf of my company, Martinez Aerial Video Services ("Martinez Aerial"'), I write to amend the operating conditions set forth in Martinez Aerial'spetition for exemptionspursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") ("Section 333"), Subsection (f) of49 U.S.C. § 44701, and 14 C.F.R. Part 11, submitted on June 29, 2015 ("Exemption Request"). Since Martinez Aerial's Exemption Request, the FAA has granted Section 333 exemptions that permit small unmanned aircraft systems ("sUAS") night time operations, Martinez Aerial would like to apply to its Exemption Request and believes such operations and conditions would result in an equivalent level of safety. In addition, Martinez Aerial believes that the operating conditions set forth in its Exemption Request constitute "reasonable mitigation" for night time operations that would ensure that Martinez Aerial maintains an equivalent level of safety and requests that the FAA consider such mitigation to grant Martinez Aerial' Exemption Request and permit Martinez Aerial' exemption for a onetimeone-nightoperation for purposes ofa demonstration.
The information below is intended to amend and supplement Martinez Aerial's exemption request.
Inthe NPRM, the FAA acknowledged a willingness to consider "anyreasonable mitigationwhich would ensure that anequivalent level ofsafety is maintained while operating in low-light areas." While Martinez Aerial acknowledges and shares the FAA's concerns regarding low-light operations, Martinez Aerial believes that the operatingconditions set forth in its ExemptionRequest constitute reasonable mitigation that wouldprovide an equivalentlevel ofsafety achieved during daylight operations and the FAA should permitMartinez Aerial' nighttime flights.
Martinez Aerial operations include strict controls to ensure thatthe sUAS will be seen at all times and the operator will be able to avoid other airspace users. The operating area will consist ofa fenced, secured public safety training area, with take-off, landing, and transit areas withinvisual line-of-sight ("VLOS") ofthe PIC and operator. This area will be illuminated. Both the PIC and the two (2) VOs shall operate with ground lighting at their backs to permit night vision adjustment. As discussed further below, Martinez Aerial nighttime sUAS -theDJI Inspire 1 Pro

- must also be operated with lights at all times. These lights are visible up to distances of 5,000 feet, well beyond the distance from which the operator will be controlling the sUAS. Strobe lights to the front and rear ofthe aircraft will be visible beyond 5,000 feet. Therefore, the operator will be able to maintain sight of the lit sUAS in an illuminated, limited footprint, controlled-access operating area. At no time during the operation will the sUAS be further than 500 feet from the PICs or VOs VLOS. Concurrently, Martinez Aerial' nighttime operation will also utilize a 2ndvisual observer ("VO") to monitor the sUAS airspace and surrounding airspace to assist the PIC with avoiding other airspace users. The VO will not only be able to monitor other aircraft in the area by identifying their required lighting, but audibly monitorthe airspace during a time withreduced ambient noise. The VO will also be able to verbally (face-to-face and radio) communicate with the operator, providing immediate warnings ofother airspace users that requires avoidance actionby the sUAS operator. The sUAS will be operating below 200 feet above ground level ("AGL"), lower than the minimum altitude for other airspace users, with a 300 foot buffer. The ability ofmanned aircraft to "see-and-avoid" sUAS will rarely be required ifthe manned aircraft is appropriately flying above the required 500 feet AGL. Martinez Aerial's nighttime sUAS

- the DJI Inspire 1 Pro

- is equipped and will operate with lighting for the identification ofthe sUAS location. In addition, airspace users will have knowledge of Martinez Aerial's night time operations and limited operatingfootprint through MartinezAerial's submittedNOTAM.
To avoid posing a risk to persons on the ground at night time, Martinez Aerial will only operate the DJI Inspire 1 Pro in a controlled and limited footprint with controlled access and barriers/protection for nonparticipating persons. The operating area will be illuminated so that the operator and VO can see any persons on the ground. Ifthere is an incursion, the flight must terminate immediately with the operator able to determine that the sUAS can land safely. The operating area (64 acres) is a secure public safety training facility, with an 8-foot fence surrounding the south border and 6-foot chain link fence on the other three sides.; access is only by a gate with secure numeric code. (attached). The demonstration will be for 20-25 law enforcement officers/firefighters.MartinezAerial believes thatits nighttime operationunderthe conditions discussed above and with the lights onthe DJI Inspire 1 Pro sUAS will be at least as safe as those with manned aircraft with an airworthiness certificate. Given the unique multi-directional and slow-speed operation ofthe sUAS, additional strobe lights that can be seen up to almost one mile on the front and rear will provide ample visibility ofthe sUAS to other airspace users in all directions without the need for position lights or anti-collision lights on the sUAS. With the use of an illuminated operating area, and sUAS lighting, the operator will also be able to ensure that any take-offand landing areais clearofanypersons, achieving anequivalent level ofsafety achieved by taxi or landing lights. In addition, Martinez Aerial will be obligedto give the right-of-way to all other aircraft that will be fully aware ofMartinez Aerial' limited-footprint operationsthrough Martinez Aerial'sNOTAM.
The pilot-in-command holds FAA commercial pilot certificate #2032677 (attached) and has nightflying experience in single-engine-aircraft. Night time flights are a critical factor the public safety agencies for whom this demonstration is arranged. and provide a direct safety benefit to the community. Martinez Aerial is looking forward to working withthe FAAto establisha framework for safenighttime operations.
We look forward to workingwiththe FAAtowards grantingMartinezAerial' requested Section 333 exemption for one-timenightflight. Thankyoufor your consideration.

Luis Martinez Owner/ChiefPilot

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