**REAL ESTATE, INDUSTRIAL, AGRICULTURAL, CO MMERCIAL 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 Refor m 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 (“Ma rtinez Aerial’”), I write to amend the operating conditions set forth in Martinez Aerial’s pe tition 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 Reques t, 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 Requ est 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 A erial’ exemption for a onetime one-night

operation for purposes of a demonstration.

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

request.

In the NPRM, the FAA acknowledged a willingness to consider “any reasonabl e mitigation which would ensure that an equivalent level of safety is maintained w hile operating in low-light areas.” While Martinez Aerial acknowledges and shar es the FAA’s concerns regarding low-light operations, Martinez Aerial believes that t he operatingconditions 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 w ill be seen at all times and the operator will be able to avoid other airspace us ers. 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 sUA S – the DJI Inspire 1 Pro – must also be operated with lights at all times. These li ghts are visible up to distances of 5,000 feet, well beyond the distance from which the operator will be cont rolling the sUAS. Strobe lights to the front and rear of the aircraft will be visi ble beyond 5,000 feet. Therefore, the operator will be able to maintain sight of the lit sUAS in an il luminated, limited footprint, controlled-access operating area.

At no time during the operation will the sUAS be further than 500 fee t from the PICs or VOs

VLOS.

Concurrently, Martinez Aerial’ nighttime operation will also utilize a 2 nd visual observer (“VO”) to monitor the sUAS airspace and surrounding airspace to a ssist the PIC with avoiding other airspace users.

The VO will not only be able to monitor other aircraft in the ar ea by identifying their required lighting, but audibly monitor the airspace during a time with reduced ambient noise. T he VO will also be able to verbally (face-to-face and radio) communicate w ith 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”), l ower 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 a ircraft is appropriately flying above the required 500 feet AGL. Martinez Aerial’s nighttime sU AS – the DJI Inspire 1 Pro – is equipped and will operate with lighting for the identification of t he 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, Martine z Aerial will only operate the DJI Inspire 1 Pro in a controlled and limited footprint with control led 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 traini ng facility, with an 8-foot fence surrounding the south border and 6-foot chain link fence on the other three side s.; access is only by a gate with secure numeric code. (attached). The demonstrat ion will be for 20-25 law enforcement officers/firefighters.Martinez Aerial believes that its nighttime operation under the conditions dis cussed above

and with the lights on the DJI Inspire 1 Pro sUAS will be at le ast as safe as those with manned aircraft with an airworthiness certificate. Given the unique mul ti-directional and slow-speed operation of the sUAS, additional strobe lights that can be seen up t o 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 s UAS. 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 le vel 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. Ma rtinez Aerial is looking forward to working with the FAA to establish a framework for safe nighttime oper ations.

We look forward to working with the FAA towards granting Martinez Aerial’ requ ested Section 333 exemption for one-time night flight . Thank you for your consideration.

With very best regards,

Luis Martinez

Owner/Chief Pilot