**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 We st Building Ground Floor, Room W 12

- 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 activitie s will have bene fits for the public such as making aerial photography cheaper, mobile, and able to setup almost any where, where previously companies had to use expensive rotorcraft and fix ed wing aircraft with expensive camera equipment. I would be able to provide service s 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 UA S pilot and at least 10 hours logged as a UA S pilot with a class/size UA S ty

pe
 Hold an current 2 nd 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**  **Refor m**  **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 employ

ment if: (1) The flight is only incidental to that business or employ ment; 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 2 nd 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 aircraf t 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 2 00 ’ 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 l eft 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 calculate s altitude. The petitioner will limit flights to a maximum altitude of 2 00 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 weatherconditions) 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 i f 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 b y 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 9 1.413, each registered owner or operator shall keep the following records (l)(i) (i i)(iii) (2)(i)(ii)(iii)(iv)(v)( vi) for the periods specified in p aragraph (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 S ystem in order to take aerial video and photography of real estate , survey property, and construction processes for commercial use.