Name and Address of Petitioner:

Justen Cate

341 Glenlyon Dr

Orange Park, FL 32073

justencate@yahoo.com

(904)521-2141

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation 

Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a), 

91.409(a), 91.417(a)&(b)

This request exemption would allow Justen Cate to operate a DJI Phantom 2 Quad Copter for the 

following commercial usages without an airworthiness certificate: videographer/photography of 

real estate, construction progress, and property surveying/ inspecting. The use of the UAS for 

these activities will have benefits for the public such as making aerial photography cheaper, 

mobile, and able to setup almost anywhere, where previously companies had to use expensive

rotorcraft and fixed wing aircraft with expensive camera equipment. I would be able to provide

services at a much more affordable price then manned aircrafts.

The following requirement will be followed before every flight by the petitioner: 

PIC/Operator Requirement:

 25 hours of total time as a UAS pilot and at least 10 hours logged as a UAS pilot with a 

class/size UAS type

 Hold an current 2nd class FAA medical
Aircraft/Flight Site Requirement:

 UAS weighing less than 55 pounds

 GPS setup with pre-determined location to land at if signal is lost. 

 Use only class G NAS below 400 feet AGL

 Not operate over densely populated areas

 Not operate over heavily trafficked roads

 Not operate within 5 NM of airports

 Operate only under VFR conditions during the day

Request for Exemption, Section 333 of the FAA Reform Act and the following Regulations:

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person that holds a 

private pilot certificate may act as pilot in command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an 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 property for compensation or 

hire.

REASON FOR EXCEPTION

The pilot/operator of the UAS will have a private pilot certificate from the FAA and hold a 

current 2nd class medical. The same medical required for flying commercially in manned 

aircrafts. In subparagraph (b) it states that private pilot can act as PIC of an aircraft in connection 

with any business as long aircraft does not carry passengers or property for hire. The UAS will 

not carry passengers or property for hire, just the payload for accomplishing aerial photograph 

and video recording.

14 CFR 91.7(a) Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless 

it is in an airworthy condition.
REASON FOR EXCEPTION

It has been determined that similar UAS’s do not require an airworthiness certificate, 

the petitioner ensure the aircraft airworthiness through the use of the User Manual and

preflight checks. 

14 CFR 91.119(c) Minimum Safe Altitudes: (c) 

Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle or structure. 

REASON FOR EXCEPTION

The UAS will be flown no higher than 200’ AGL over developing residential areas that may be 

considered congested areas. In some cases when surveying property flight because they

could be conducted over empty lots or acreages with no structures. In the case of flying over or

near existing private property while providing a Residential and commercial marketing, 

construction process, property inspection will be notified in person by the petitioner, or by a

card left behind by the petitioner, of an occurring UAS flight. The petitioner will review with the

landowners of associated risks to people and property. Due to the small size of the UAS the 

associated risk to persons, vessels, vehicles, and structures is not nearly like that of manned 

aircraft and should be taken into consideration.

14 CFR 91.121 Aircraft Altimeter Settings 

REASON FOR EXCEPTION

The UAS does not have a barometric altimeter. It does have a GPS that calculates altitude. The 

petitioner will limit flights to a maximum altitude of 200 feet AGL.

14 CFR 91.151(a)(l) Fuel requirements for flight in VFR conditions:( a) No person may begin

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. 

REASON FOR EXCEPTION

The UAS provides low battery warnings to indicate when you should return the UAS to the 

launch point. A fail safe automatic landing will occur if the battery reaches critical low voltage.

The UAS will be landed upon the 1st low battery alert. The petitioner will not initiate a flight 

unless there is enough power to compete the flight from launch to intended landing point.

14 CFR 91.405(a) Maintenance required: Each owner or operator of an aircraft (a) 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 the section, have discrepancies repaired 

as prescribed in part 43 of this chapter. 

REASON FOR EXCEPTION

The petitioner shall inspect the aircraft prior to every flight. The petitioner plans to follow 

manufacturer's recommended preflight checklist. Reference given to the User Manual. 

14 CFR 91.407(a)(l) Operation after maintenance, preventive maintenance, rebuilding, or 

alteration: (a) No person may operate any aircraft that has undergone maintenance, preventive 

 

maintenance, rebuilding, or alteration unless(1)It has been approved for returned to service by a

person authorized under 43.7 of this chapter 

REASON FOR EXCEPTION

The petitioner who has the responsibility for the operation and safety of the UAS will follow 

the manufacturer's suggestions for maintenance and repair. Including the use of suggested 

replacement parts.

14 CFR 91.409(a)(l) & (2) Inspections: (a) Except as provided in paragraph (c) of this section,

no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1)
An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for the 

issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection 

performed under paragraph (b) of this section may be substituted for any inspection required by 

this paragraph unless it is performed by a person authorized to perform annual inspections and is

entered as an "annual" inspection in the required maintenance records. 

REASON FOR EXCEPTION

The petitioner will follow manufacturer’s suggestions to ensure that the UAS is in good enough 

condition for safe flight.

14 CFR 91.417(a) & (b) Maintenance Records: (a) Except for work performed in accordance

with 91.411 and 91.413, each registered owner or operator shall keep the following records (l)(i)

(ii)(iii) (2)(i)(ii)(iii)(iv)(v)( vi) for the periods specified in paragraph (b) of this section:(1)(2)(3)

REASON FOR EXCEPTION

The petitioner will keep a record of all repairs and modification. The petitioner also agrees to use 

approved manufactured parts for repairs and modifications.

SUMMARY

I, Justen Cate the petitioner request for exemption, Section 333 of the FAA Reform Act 

Pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151

(a)(1), 91.405(a), 91.407(a)(l) & (a)(2), 91.409(a)(l), 91.417(a)&(b) in order to legally operate 

an Unmanned Aircraft Systems (UAS), a DJI Phantom 2, in the National Airspace System 

in order to take aerial video and photography of real estate, survey property, and construction

processes for commercial use.