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June 29, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 205590 

 

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 

91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 

91.409(a) (2); 91.417(a)&(b) 

 Dear Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 CFR Part 11, Luis E. Martinez dba Martinez Aerial Video Services, a licensed 

commercial pilot, and operator of Small Unmanned Aircraft Systems ("UAS") equipped to 

conduct aerial photography for real estate professionals, real estate marketing purposes, 

Industrial and agricultural clients, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its “UAS,” so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 

333. 

 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled as to access. Approval of this exemption would 

thereby fulfill the Secretary of Transportation's (the responsibilities to " ... establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

Section 333 (c) of the Reform Act. 

 

Respectfully, 

 

 

Luis E. Martinez, M.Ed 

515 E. Barrus Place 

Casa Grande, AZ 

 

 
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CONTACT INFORMATION: 

 Luis E. Martinez 

515 E. Barrus Place 

Casa Grande, AZ 

(520)705-4268 

Email: kg7gmk@gmail.com 

 

Commercial Pilot FAA# 2032677 

Retired Chief of Police with 32 yrs. experience 

 

THE SPECIFIC SECTIONS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

FROM WHICH LUIS E. MARTINEZ REQUESTS EXEMPTION ARE: 

 

 

 14 CFR Part 21 

 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 

 14CFR91.119 

 14 CFR 91.121 

 14 CFR 91.151 (a) 

 14 CFR 91.203 (a) & (b) 

 14 CFR 91.405 (a) 

 14 CFR 407 (a) (1) 

 14 CFR 409 (a) (2) 

 14 CFR 417 (a) & (b) 

 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system 

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UAS do not 

create a hazard to users of the NAS or the public or pose a threat to national security in light of 

the following: 

The UAS's size, weight, speed, and operational capability; 

Operation of the UAS in close proximity to airports and populated areas; and 

Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot and Observers. Reform 

Act §333 (a). Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace 

system." Id. §333 (c) (emphasis added). The Federal Aviation Act expressly grants the FAA the 

authority to issue exemptions. This statutory authority by its terms 
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includes exempting civil aircraft, as the term is defined under §401 01 of the Act; that includes 

UAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate. The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or 

any sections 44702-44716 of this title if the Administrator finds the exemption in the public 

interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1). 

 

 

 Luis E. Martinez’s UAS(s) are small rotorcraft aircraft, the DJI Phantom 3 Pro, weighing less 

than 3 lbs. including camera payload. He operates his rotorcraft, under normal conditions at a 

speed of no more than 20 knots, usually 3-5 knots, and have the capability to hover, and move in 

the vertical and horizontal plane simultaneously. He will manually operate only in Visual Line of 

Sight and will operate only within the operating parameters as described in the Operating Manual 

attached as Attachment 1. 

 

Adherence to the Operating Manual will insure that the UAS will "not create a hazard to the 

national airspace system or the public." 

 

Given the small size and weight of the UAS involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UAS to commence immediately. Also due to the size of the UAS 

and the areas in which the relevant UAS will operate, approval of the application presents no 

national security issue. Given the clear direction in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level 

of safety, surrounding the proposed operations, and significant public benefit, including 

enhanced safety, reduction in environmental impact, including reduced emissions associated with 

allowing UAS for educational and marketing operations, (as opposed to full scale aircraft), the 

granting of the requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption 

without delay. 

 

 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or possibly higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

filming operations conducted with conventional aircraft. These limitations and condition to 

which Luis E. Martinez agrees to be bound when conducting commercial operations under an 

FAA issued exemption include: 

 

 

The UAS will weigh less than 3 lbs. 
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Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew 

(Visual Observer). 

 

Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 20 minute limit. 

 

Flights will be operated at an altitude of no more than 400 feet AGL, though most operations 

will be conducted within 50 feet of the ground. 

 

Minimum two (2) person crew for each UAS operation will consist of the Pilot and Visual 

Observer. 

 

The UAS Pilot will be an FAA licensed airman with at least a commercial pilot's certificate and 

valid driver's license. 

 

The UAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder, other than the 

UAS Pilot, possesses the necessary PIC qualifications and is also present, that person can 

also be designated as PIC. 

 

The UAS will only operate within an area of Pinal, Maricopa, and Pima County in the State of 

Arizona. 

 

Additionally, the UAS will only operate below 400ft AGL. 

 

The UAS will never enter any MOA or Restricted Airspace, nor shall it violate any TFR as 

outlined by the FAA. 

 

A pre-flight briefing will be conducted in regard to the planned UAS operation prior to each 

day's flying and recording activities. It will be mandatory that all personnel who will be 

performing duties as "flight crew" be present for this briefing. Briefing will include review of 

NOTAMs and Weather. 

 

Pilot and Observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required. 

 

Observer and Pilot will at all times be able to communicate by voice or radio. 

Written and/or oral permission from each relevant property holders will be obtained. 

 

If the UAS loses communications or loses its GPS signal, the UAS has the capability to return to 

a pre-determined location and land. 

 

The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

 
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PIC will abide by all Arizona Revised Statutes Chapter 28 Article 3 (Aircraft Operations). 

 

The UAS Pilot in Command (PIC) shall possess at a minimum, a commercial pilot certificate 

and current driver’s license. 

 

The PIC shall be trained in the operation of the specific make and model of the UAS being 

piloted and successfully completed all training required. 

 

The PIC shall have accumulated and logged, in a manner consistent with 14 CFR §61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 

five hours logged as a UAS pilot with a similar UAS type (multirotor or helicopter). 10 of the 25 

hours may be accumulated in a simulator. Prior documented flight experience that was obtained 

in compliance with applicable regulations may satisfy this requirement. 

 

The PIC shall have accumulated and logged, in a manner consistent with 14 CFR §61.51 (b), a 

minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for 

operations under the exemption and three take-offs and three landings in the preceding 90 days. 

 

Training, proficiency, and experience-building flights can also be conducted under this grant of 

exemption to accomplish the required flight cycles and flight time. 

 

During training, proficiency, and experience-building flights, all persons not essential for flight 

operations are considered non-participants, and the PIC must operate the UAS with appropriate 

distance from non- participants in accordance with 14 CFR §91.119. 

 

The UAS Safety Observer (SO) shall meet all training requirements and be responsible for all of 

his/her duties as set forth by the attached UAS Operating Manual. 

 

The PIC and SO will be designated before each flight. 

 

Minimum crew for each flight operation will consist of the UAS PIC and SO. 

 

The PIC and SO shall always be within visual line of sight (VLOS) of each other and in direct 

verbal communication at all times. 

 

Safety Briefings shall be conducted before each day's activities to include, but not limited to: 

a) Location/operating area 

b) Embarkation/arrival time 

c) Operation objective(s) 

d) Operating system (UAS) 

e) Operating conditions 

f) Roles and responsibilities 

g) Communication procedures 

h) Discussion on hazards/perceived risk 

i) Emergency procedures 
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j) Crew health 

k ) Weather 

l) Safety equipment (the PIC and Observer shall wear hard hats and day-glo vests clearly 

identifying them as PILOT and OBSERVER to assist the public and bystanders) 

 

 

Liability Insurance 

 

General Liability Insurance shall be maintained in the amount of 

 

500,000/100,000. 

 

DJI PHANTOM 3 PRO 

 

Model: DJI PHANTOM 3 PRO 

Weight (Battery Included): 2.8 LBS. 

Hovering Accuracy: 

 Vertical : +/- 4” ( Vision Positioning active) or +/- 19” (with GPS active) 

 Horizontal : +/- 59” 

Max Ascent Speed 16.5 FPS 

Max Decent Speed 10.5 FPS 

Max Speed : 36 MPH/54 FPS 

Max Flight Time: 23 MINUTES 

Operating Temperature Range : 320 F – 1040 F 

Dimensions: 

(including propellers) 23.2” X 23.2” 

 

 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement 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. 

 
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 The UAS to be operated hereunder is less than 3 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials nor flammable liquid fuels, and operates exclusively 

within a limited 

radius area as set out in the preflight briefing I VLOS operations. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the Operator, 

pursuant to safety requirements, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation as is now done with 

conventional aircraft. These safety enhancements, which already apply to civil aircraft operated 

in connection with video production, 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 CFR §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 sUAV, two inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f) along 

with the “N” number in the largest possible size. 

 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the Pilot, Observer and others working with the sUAV will see the 

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

 

14 CFR §61.113 (a) & (b): 

 

Private Pilot Privileges and Limitations - Pilot in Command (PIC) Sections 61.113 (a) & (b) limit 

private pilots to non-commercial operations. Because the UAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot's license rather than 

a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in advance as 

set forth in the Operating Manual. The level of safety provided by the requirements included in 
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the Operating Manual meets that provided by single individual holding a commercial pilot's 

certificate operating a conventional aircraft. The risks associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a 

private pilot as the PIC exceeds the present level of safety achieved by 14 CFR §61.113 (a) & 

(b). 

 

14 CFR §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 and the requirements contained in the Operating Manual for 

maintenance and use of safety checks prior to each flight, as set forth in the Operating Manual, 

an equivalent level of safety will be provided. 

 

14 CFR §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 Operating Manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A 10602, 32827, and 10700 

 

14 CFR §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. An equivalent level of safety will be provided as set forth in the 

Operating Manual. The PIC will take all actions including reviewing weather, NOTAMs, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

 

14 CFR §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 
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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. See 

Exemptions Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that 

aircraft will be piloted by a certified commercial pilot who has previously trained in remote 

flight areas before attempting flight within filming distance of structures. 

 

14 CPR § 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, Luis. E. Martinez requests authority to operate at altitudes below 400 

ft. AGL; an exemption may be needed to allow such operations. As set forth herein, the UAS 

will never operate at or higher than 400 ft. AGL. It will however be operated in a controlled area 

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, speed of the UAS as well 

as location where it is operated. No flight will be taken without the permission of the property 

owner. Because of the advance notice to the property owner and participants in the photographic 

activity, all affected individuals will be aware of the planned flight operations as set forth in the 

Operating Manual. Compared to flight operations with aircraft or rotorcraft weighing far more 

than the maximum 3 lbs. 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 ft. 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. 

 

14 CPR § 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 will not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Operating Manual and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

 

14 CPR §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." 

 
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The battery powering the UAS provides approximately 23 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be impossible. Given 

the limitations on the UAS's proposed flight area and the location of its proposed operations 

within a predetermined area, a longer time frame for flight in daylight or night VFR conditions 

is reasonable. 

 

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserved fuel, 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. 

Additionally, limiting UAS flights would greatly reduce the utility for which the exemption will 

be granted. 

 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 17 

minutes or 25% of battery power whichever happens first. This restriction would be more than 

adequate return the UAS to its planned landing zone from anywhere in its limited operating area. 

 Similar exemptions have been granted to other operations, including Exemptions 2689F, 57 45, 

1 0673, and 10808. 

 

14 CFR §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 (b) 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 no more than 3 lbs. 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, and should they be issued. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

 

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Maintenance Inspections 
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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 section 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 Operating manual. An equivalent level of safety will be achieved because these 

small UAS are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 ft. AGL. As provided in the Operating Manual, the 

PIC (operator) will ensure that the UAS is in working order prior to initiating flight, and perform 

required maintenance. 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. 

 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: Applicant seeks an exemption from 

the following rules: D 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 

91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (51bs or less) in Educational and Marketing operations. 

 

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge, or over remote public land. Image capture of people will rarely take 

place, but in the event they are, they will have consented prior to being filmed or otherwise have 

agreed to be in the area where data collection will take place. 

 

Airborne Image Capture 

 

With regard to airborne filming, Luis E. Martinez adheres to all FAA regulations. Further Luis 

E. Martinez’s airborne teams operate under the principals of: Safety First, Quality Assurance, 

Accountability, 

Reporting, and Training. When approved by the FAA it is Luis E. Martinez duty to treat all UAS 

operations the exact same level of professionalism and seriousness as that of conventional 

aircraft. 

 

Approval of exemptions allowing commercial operations of UAS in the real estate industry will 

enhance safety by reducing risk. Conventional filming operations, using turbine or piston 

powered aircraft present the risks associated with vehicles that weigh in the neighborhood of 

2,0001bs.+, carrying large amounts of Jet A or aviation fuel. Such aircraft must fly to and from 

photographing location. In contrast, a UAS weighing fewer than 3 lbs. and powered by batteries 

eliminates virtually all of the risk given the substantial reduced mass and lack of combustible 
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fuel carried on board. The UAS is typically transported to the location via auto or cargo van in a 

medium sized case and is never flown to set. The UAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft. 

 

The operation of small UAS, weighting less than 3 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than ground than conventional 

operations conducted with piston helicopters or fixed wing aircraft operating in relatively close 

proximity to the ground and people. 

 

The primary market of interest for Luis E. Martinez utilizing UAS is the photography of real 

property, commercial and industrial properties, and agricultural fields. 

 

The airborne image capture process will be accomplished exclusively in day time VFR 

environments. To capture the highest quality of resolution the majority of airborne data 

collections will take place during the 07:00am- 07:00pm (19:00) window. And only during 

daylight conditions. 

 

Summary 

 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012- size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security- provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's UAS in the real estate 

industry pursuant to the Operating Manual appended hereto. Luis E. Martinez is eagerly standing 

by to support the FAA and UAS community in its quest to establish proper regulations and 

protocols for the safe introduction of unmanned aircraft into the national airspace. 

 

Sincerely, 

 

 

Luis E. Martinez 

515 E. Barrus Place 

Casa Grande, AZ 

(520)705-4268 

kd7gmk@gmail.com