REAL ESTATE, INDUSTRIAL, AGRICULTURAL, COMMERCIAL AND RESIDENTIAL

515 E. BARRUS PLACE 

CASA GRANDE 

ARIZONA 85122-1601 

TEL(520)705-4268 FAX (602) 650-0684 

Email: kd7gmk@gmail.com 

www.martinezaerial.com

July 6, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Amendment to Exemption Request Under Section 333 of the FAA Reform Act, 49 

U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations 

(Docket No. FAA-2015-3523), Exemption number 13415 

Dear Sir or Madam: 

On behalf of my company, Martinez Aerial Video Services (“Martinez Aerial’”), I write to 

amend the operating conditions set forth in Martinez Aerial’s petition for exemptions pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) (“Section 

333”), Subsection (f) of 49 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 onetime one-night operation for purposes of a demonstration. 

The information below is intended to amend and supplement Martinez Aerial’s exemption 

request. 

In the NPRM, the FAA acknowledged a willingness to consider “any reasonable 

mitigation which would ensure that an equivalent level of safety 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 operating 
conditions set forth in its Exemption Request constitute reasonable mitigation that

would provide an equivalent level of safety achieved during daylight operations and 

the FAA should permit Martinez Aerial’ nighttime flights. 

 Martinez Aerial operations include strict controls to ensure that the sUAS will be seen at 

all times and the operator will be able to avoid other airspace users. The operating area will 

consist of a fenced, secured public safety training area, with take-off, landing, and transit areas 

within visual line-of-sight (“VLOS”) of the 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 – the DJI 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 of the 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 2nd visual 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 monitor the airspace during a time with reduced ambient noise. The VO will 

also be able to verbally (face-to-face and radio) communicate with the operator, providing 

immediate warnings of other airspace users that requires avoidance action by 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 of manned aircraft 

to “see-and-avoid” sUAS will rarely be required if the 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 of the sUAS location. In addition, 

airspace users will have knowledge of Martinez Aerial’s night time operations and limited 

operating footprint through Martinez Aerial’s submitted NOTAM. 

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. If there 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. 
Martinez Aerial believes that its nighttime operation under the conditions discussed above 

and with the lights on the 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 of the sUAS, additional strobe lights that can be seen up to almost one mile on the 

front and rear will provide ample visibility of the 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-off and landing area is clear of any persons, achieving an equivalent level of safety achieved 

by taxi or landing lights. In addition, Martinez Aerial will be obliged to give the right-of-way to 

all other aircraft that will be fully aware of Martinez Aerial’ limited-footprint operations through 

Martinez Aerial’s NOTAM. 

The pilot-in-command holds FAA commercial pilot certificate #2032677 (attached) and has 

night flying 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 with the FAA to establish a framework for safe nighttime operations. 

We look forward to working with the FAA towards granting Martinez Aerial’ requested 

Section 333 exemption for one-time night flight. Thank you for your consideration. 

With very best regards, 

Luis Martinez 

Owner/Chief Pilot