July 31, 2015 

# pedromartf

# nez FotoForemsica Aerial Photography Box 10197 San Juan, PR 00922 787-603-3377

To: U. S. Department ofTransportation Docket Management System 1200 New JerseyAve. SE, Washington, DC 20590

From: Pedro Martinez

- Owner FotoForensicaAerial Photography Lot I-7 Fernando Luis Ribas DominicciAirport SanJuan, PR

Re: Petitioner: Pedro MartinezAerial Photographer for Exemption Pursuant to section 333 ofthe FAA Reform Act

Attn: To whom it may concern

Dear Sir or Madam:
Since 1972, I Pedro Martinez, have dedicated myselfto the art ofphotography. I have been owner of several commercial aerial photography entities like, Pedro Martinez & Associates, Aerial/Architectural Photography Inc. and now FotoForensica. I have worked in Puerto Rico my home town, for over 40 years doing aerial photography and aerial video and travelled to the Caribbean and CentralAmerica for several high end clients like Exxon, Me Donald's and Puma, just to mention a few. I have been privileged to work on some of the most recognizable andhigh-profile commercialbuildingsandindustrialprojectsinthe Caribbean, for the private enterprise, government and the military. Our work includes projects in the expanding healthcare system, pharmaceutical, infrastructure, public projects, housing development and major shopping centers and I have recorded, from the ground and from the air, all 14 controlled buildingdemolitions in Puerto Rico, including a record, Villa Panamericana, the mostbuildings shotin a single implosion sequence: 17 buildings.
pedromartTnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377f(Jr Exemption unckr Section**t.Iul~\-T** 31**~** 2 uf 13 As an aerial photographer and videographer, I have been required to perform different approaches from site selection and documentation, feasibility studies, rapid transit alignment sequence, commercial business demography, construction work, roof inspections, architectural work in process, monthly construction progress photography, crop conditions and damages, legal approach and forensic documentation, high value historical buildings documentation and recording, to high end real state approach for property marketing and sales. Our aerial photography from both airplanes and helicopters, have proven to be a great tool in the development ofour economy.
I'm a certified SELS, ME and glider pilot, with a second class medical certificate and over 6,100 hours of flying time and member of Professional Aerial Photographers Association International, an organization whose members, all aerial photographer's, follows andvalidates the need for a safe NationalAirspace System.
Not only our techniques and procedures often requires our employees to be put in situations that require us to accept risk, but also in recent history we have been bidding onjobs also bid by drone operators in our area and we find it difficult to compete with them. Therefore, we would like to add drone service to our clients. All of our drone operators will be rated pilots. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1.limited, 2. Predetermined, and 3. controlled. The exemption would allow Pedro Martinez and FotoForensica Aerial Photography and its personnel, to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333.
I share Congress's goal ofgetting sUAS flying commerciallyin the United States safely and soon. In the FAA Modernization and Reform Act of 2012, Congress directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems in the NationalAirspace System and under section 333 ofthe law, gave the FAA power to grant innovators "expedited operational authorization" to do
so.
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R

. Part 11, Pedro Martinez and FotoForensica Aerial Photography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs"), to conductcommercialoperationwitha 

### "smallUnmanned Aircraft System" (sUAS), on our daily routine of aerial photography and videography, in order to improve the safety ofour employees and reduce pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377Exemption underTitle HCFR Seciion 33:1 Page of 1:J operational cost.
A. Petitioner Information
Pedro Martinez

- FotoFon§nsicaAerial Photography
Lot I-7 Fernando Luis Ribas DominicciAirport SanJuan, PR
PO Box 10197 SanJuan, PR 00922
787-603-3377 celular pedroprmartinez@gmail.com
B. Specific section or sections of 14 CFR from which Pedro Martinez Aerial Photographer seeks reliefand exemption Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rule making required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act." In Section 332(b)(1), as I mentioned, Congress made it clear that Section 333 provides a mechanism for "expedited operation authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations.
14 CFR Part 21 (h) 14 CFR Part 27 14 CFR 45.23 (b) 14 CFR 45.27 14 CFR 61.113(a) and (b) 14 CFR 61.133 14 CFR 91.9 (b) (2) 14 CFR 91.103 (b) (2) 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151(a) pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377l'S Department ofTnmsponation Pedro Martinez July<H, 2015 Page -1- I:l 14 CFR 91.203(a) and (b) 14 CFR 91.401
- 91.417 for Exemption under

C. Reasons for requesting relief 1-1-CFR Section

Pedro Martinez and FotoForensicaAerial Photographyplans to exploit the capabilities ofUnmanned Aerial Systems to offer a multitude ofservices, including:
-Aerial surveying for hard to reach areas ofbuildings -Rooftop inspections -Buildingexterior envelope inspection -Visual documentation ofexisting site conditions before construction -Visual documentation ofexisting site conditions during construction -Visual documentation ofexisting site conditions after construction -Qualitycontrol and assurance inspections -Agricultural support -Real Estate photography -Aerialfilm making and photography -Construction site inspections and monitoring -Wildlife and forestry monitoring -Educational and research operations -Legal and forensic documentation for court cases and exhibits
D. The Aircraft
UnmannedAircraft System- The Aircraft
We are petitioning for exemption to enable Pedro Martinez and FotoForensica Aerial Photography to operate a DJI Phantom III Professional, equipped with a three-axis gimbals and using High-Definition cameras. This sUAV has a built-in capability to limit the height it flies above the ground, to limit the radius ofthe distance itflies from the operator. On a later date, an Inspire I willjoin the fleet. Specifications include: DJI PhantomIII Professional:

• Diagonal size (includingpropellers): 590 mm (1ft

- 11 in)
• MaximumWeight: 1280 kg (2 lb -13oz)
• Number ofRotors: 4 pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377Ueparl.melll. Pedro Martinez ,July 1 , 2015 Page 5 13 Request l(>r Exemption underT11:le -+CFR Section 333

• Power ofRotors- 100 W
• MaximumAscent Speed: 5 m/s (984 fpm)
• Maximum Cruise Speed: 16 m/s (31 kts)
• Maximum Descent Speed: 3 mjs (590 fpm)
• Maximum Flighttime: Approximately 23 minutes
Pedro Martinez and FotoForensica Aerial Photography agrees that the UAS will include, at minimum: flights not to exceed a maximum altitude ceiling of400' 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.


### E. Operating Parameters

a. Petitionerproposes thatthe exemption requested herein applyto civil aircraft that have the characteristics and that operate with thelimitationslistedherein. Theselimitationsprovidefor atleast
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 Pedro Martinez Aerial Photographer agrees to be bound when conducting operations with sUAS include;

i. UAS Pilot and/ or Observer 1. All flights will be performed by a licensed pilot. 2. All UAS operations must utilize a visual observer ("VO") when necessary. 3. The pilot-in-command ("PIC") and VO must be able to communicate verbally during the operations. If unable to maintain two-way communication, or if any condition occurs that may otherwise cause the operationto beunsafe, the operatorwill immediately pedromartfnez- aerial photographer Box 10197 San Juan, PR00922 787-603-3377US Department Tmnsponation Pedro

-**FoloFon~nsiCL\-F1equest** f<x F:xem.ption Ti1le HCFR Section ,July 31, 2015 () 13
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. The sUAS operated by the petitioner weights less than 55 pounds, includingthe payload (camera, lens and gimbal). 3. UAS must be operated within visual line of sight of the pilot at all times. 4. UAS may not be flown at ground speeds exceeding 30 knots. 5. Flights will be operated at an altitude of no more than 400 feet above ground level. 6. Each sUAF operation will be completed within 20 minutes flight time or 25% batterypowerremaining, whichever occurs first. At 30% batterythe sUAS will entera return andland sequence, at 20% itwill land immediately. 7. The UAS flight will be aborted in the event of unpredicted obstacles or emergencies in accordance with the Operations Manual. 8. Operations will be conducted at a "sufficient distance" from populated areas and under the land
owners consent, never over congested areas or over open-air assembly of people. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system or the public." 9. The operator must obtain a Certificate ofWaiver of Authorization (COA) prior to conducting any operations under this grant ofexemption. 10. Before conducting operations, the radio frequency spectrumusedfor operation and control ofthe sUAS will comply with the FCC or other appropriate government oversight agency requirements. 11. sUAS operations will notbe conducted duringnight,
as defined in 14 C.F.R. § 1.1. All operations will be pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377Department Pedro Martinez**FotoFori~nsJca-l<equcst** for Exe.mption under Title 1 ,July l, 201 7 uf l**~}** conducted under visual flight rules (VFR). 12. The sUAS will not be operated by the PIC from any moving device or vehicle. 13. 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. 14.The sUASwill notoperateinclassB, C, orD 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. 15.Any incident, accident, or flight operation that transgresses the lateral orvertical boundaries ofthe operation area defined bythe applicable COA will be reported to the FAA's office within 24 hours. Accidents will be reported to the National Transportation SafetyBoard (NTSB) perinstructions contained on the NTBS web site; www.ntsb.gov. 16. The operator will follow the procedures as outlined in its Operation Manual. 17. The Operations Manual will be made available upon request. 18. Priorto each flight, the pilotwill inspectthe 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. 19.All maintenance and alterations will be properly documented in the aircraft records. 20. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the sUAS. Operator will follow the manufacturer's sUAS aircraft/component, maintenance, overhaul; replacement, inspection, and life limitrequirements. 21. Operator will develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of pedromartinez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US Department ofTransponalinn Pedro Mart.inez

- 31,2015 Page 8 13 Exemption umkrTttle 1 Section**~333**

replacement/overhaul component parts, and the total time in service of the UAS. These procedures will be added to the Operations Manual.
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY
Pedro MartinezAerial Photographerrequests an exemption from the following FederalAviation Regulations (FARs) as well as any additional regulations that maytechnically applyto the operation ofthe sUAV System:
14 CFR Part 21- Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates. An exemption from Part 21 Subpart H meets the requirements ofan equivalentlevel ofsafetyunder Part 11 andSection 333 ofthe ReformAct. The FederalAviationActand Section 333 ofthe FMRA bothauthorizethe FAA to exemptaircraftfrom therequirement 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 ofthese criteria demonstrates that the UAS operatedwithoutan airworthinesscertificate, intheproposedenvironments 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 III 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, operationsunderthis exemptionwillbe tightlycontrolled andmonitoredbyboth the operator and under the requirements and in compliance with local public safetyrequirements, to provide securityfor the areaofoperation. These UAS will not create a hazard to users ofthe national airspace system or pose any threat to national security.
14 CFR 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 III would otherwise require certification under Part 27, as a rotorcraft, Petitionerrequests an exemption from Part 27's airworthiness standards for the
pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US Dcpart:meni ofTransportation Pedro Maninez ,luly 31, 201 Page 9 of 13 for Exemption under ion

same reasons identified in the exemption request from itemA. 14 CFR Part 21, Subpart H.

14 CFR 45.23 Display ofmarks; general and 45.27 Size ofmarks.
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, ortail the marks required by§ 45.23.
Given the size ofthe 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 safetywill 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.
14 CFR 61.113 Private pilot privileges and limitations: Pilotin Command and 61.133 Commercial pilotprivileges and limitations.
The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation orhire. Ourproposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraftcannotcarrypassengersorproperty,wefeel wemeettheintentof61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.
14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.
Thisregulationprovidesthatno personmayoperatean aircraftunless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrewwhile operatingthe aircraft. We request an exemption to this
pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US DepartmentofTransportation Pedro Maninez- FotoForionswa--Reqtwst for Exemption underTitle -K'Fl< Section ;-;;33 July 31, Page IO of 13 requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalentlevel ofsafety and meet the intent of91.9, we propose that
a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, orpreparingfor, flight.
91.103 Preflight action
This regulation requires that the pilot in command shall, before beginning the flight, become familiar with all available information concerning that flight, including operating in the vicinity of airports, weather information, fuel requirements, and alternative actionsiftheflightcannotbeexecutedasplanned. Before every flight and to achieve an equivalentlevel ofsafety, the pilot not only will be familiar with the location ofnearby airports and weather information to guarantee that the flight can be executed safely, but also will be aware of the environment around him, possible obstructions and duration of flight and batteryenergy, to guarantee a safe flight.
14 CFR 91.109 FlightInstruction; Simulated instrumentflight and certain flight tests.
The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based control station consists of a small hand-heldradio transmitterandwhile itdoesnotoffera second setof"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalentlevel ofsafety.
14 CFR 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, providedthe person operatingthe helicoptercomplieswith anyroute 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. Itwill however be operated in an areawith perimeter, where buildings and people will notbe exposed to operationswithouttheirpre-obtained consent. The
pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US Departmt>nt ofTransportation Pedro Martinez-**Fow.Fnrl~nsica-l<equest** for i'>wmption ,July 31, 2015 Page 11 of 13 Tnk 1 Section :333

equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where itis operated. No flight will be taken without the permission of the property owner or local officials. Compared to flight operationswith aircraftorrotorcraftweighingfar morethanthe maximum25lbs proposed herein and the lack offlammable 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.

14 CFR 91.121 Altimeter settings
The regulation requires that aircraft shall maintain cru1smg altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoffpointis transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantlyupdated AGL readout.
14 CFR 91.151 Fuel requirements for flight in VFR conditions
The regulation provides that no person may begin a flight in an airplane under day-VFRconditionsunlessthereisenoughfuel tofly tothefirstpointofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraphis to provide an energyreserve as a safetybufferfor delays to landing. The sUAV is battery operated and the maximum duration offlight from a single batterycharge is 18 minutes with a 20% reserve. Since the aircraftwill never fly
more than 1/8 NM from the point ofintended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. Werequestanexemptionto theword "fuel" and askfor an equivalent interpretation with the word "energy".
14 CFR 91.203(a) & (b) Civil aircraft: Certifications required
The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificatemustbe aboardthe aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that itis legible to

pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US Depart.m.ent of Pedro Martinez**FotoFor(~nsica**-Request i()r Exe.m.ption underTitle I ,July 1, 2015 Page l of l Section 33:3

passengers or crew." At a maximum grossweight of5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carryingpassengers orcrew. To obtain an equivalentlevel ofsafetyand meetthe intentof91.203,weproposethatdocumentsdeemedappropriatefor this aircraft by the FAA will be collocated with the crew at the ground control station and available for inspectionuponrequest. Inorderto identifythe aircraft,wepropose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.
14 CFR 91.401- 91.417 Maintenance, Preventive maintenance andAlterations
This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections andupdating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repairfacility. The PIC will documentworkperformedinaccordancewith91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC
can ensure an equivalentlevel ofsafety.
Such Other Reliefas the FAA DeemsAppropriate

Pedro Martinez Aerial Photographer also requests exemption from such other FARs as the FAA Grant ofExemption issued pursuant to this Petition, the FAA issues interim orfinal rules for small UAS, Pedro MartinezAerial photographer requests thatitbe relieved ofthe requirements ofanyconditions and limitations of said exemption and allowed to comply with any less burdensome applicable regulations that mayhave become effective
CONCLUSION

Based on the satisfaction ofthe criteriaprovided in Section 333 ofthe FMRA
pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377US Deparinwnt ofTransportation Pedro Martinez FotoFon'cnsJcu--1\equesi for l:':xempiion HCFl< ,July 3l, 2015 Page :3 of 13 regarding size, weight, speed,operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security, Pedro MartinezAerial Photographerrequests thatthe FAA grantitthe necessary exemptionsunder Section 333 ofthe FMRA as requested herein to allow the use of small UAS aircraft for inspection of construction projects, respecting the privacyofcitizens and propertywhile keeping our skies safe.
Ifyou need any additional information, please do not hesitate to contactus at**--'~~:,.Ll~-3377. FG--'M~~~**  - owner FotoForensicaAerial Photography

pedromartfnez- aerial photographer Box 10197 San Juan, PR 00922 787-603-3377