SEPTEMBER 11, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12­140

1200 New Jersey Ave, SE Washington, DC 20590

RE: PRE­FUTURE LLC / DEFENSE LABS

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) &

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJ1

PHANTOM 2

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112­95)

IAN MONTGOMERY

President

Pre­Future LLC / Defense Labs

256#A Curtis Street,

San Francisco, CA 94112

ian@pre­future.com
Page

GLOSSARY OF ABBREVIATIONS..................................................3

SUMMARY....................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER....................4

BACKGROUND................................................................................4

BASIS FOR PETITION.....................................................................5

NAME AND ADDRESS OF PETITIONER........................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

PRE_FUTURE LLC SEEKS EXEMPTION.......................................7

THE EXTENT OF RELIEF PRE­FUTURE LLC’S SEEKS

AND THE REASON PRE­FUTURE LLC’S SEEKS THE

RELIEF..........................................................................................10

THE REASONS WHY GRANTING PRE­FUTURE LLC’S

REQUEST WOULD BE IN THE PUBLIC INTEREST ...................12

THE REASONS WHY GRANTING THE EXEMPTION TO

PRE­FUTURE LLC’S WOULD NOT ADVERSELY

AFFECT SAFETY................................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL

REGISTER.......................................................................................25
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT PRE­FUTURE LLC’S REQUEST.... ...25

CONCLUSION.....................................................................25

APPENDICES.....................................................................26

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Pre­Future llc / Defense Labs (hereafter known as Pre­Future) seeks exemption from

the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),

to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Pre­Future

to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting research, development, testing of a ‘drone defense’ system, aerial video and

photography of construction sites, residential and commercial real estate, civil

landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Pre­Future llc has for over 8 years provided their clients (which include

private sector businesses and non­profits, along with local state and federal agencies)

with expertise and knowledge in video and multimedia marketing, advertising, public

relations and training using advanced technologies and solutions. Pre­Future llc has

worked on hundreds of productions over the past 8 years in all types of locations with a

perfect client and employee safety record. In the past we have supplied our clients

aerial video and photography using commercial aircraft. The objective of Pre­Future llc

and our Unmanned Aircraft System (DJI Phantom 2) aerial operations is to provide

media services and support for tech startup ‘Defense Labs’ which is developing a drone

defense system as well as a more affordable, high­quality production system for a

variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real­estate marketing

• Economic development
• Civic landmarks

• Special event coverage

• Private and governmental training

Pre­Future has safely flown small RC electric quadcopters, hexacopters and

octocopters recreationally for approximately 3 years without incident.

BACKGROUND

Unmanned Aircraft System: DJI Phantom 2

Pre­Future llc seeks an exemption to operate the above craft for

compensation or hire within the NAS. Listed UAV IS vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic

tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of

approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of

approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 2 is

equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The UAV that will be operated by Pre­Future llc will be registered in accordance with 49

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and

Registration Marking.

BASIS FOR PETITION

Petitioner, Pre­Future llc, pursuant to the provisions of the Federal Aviation Regulations

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the Phantom 2 UAS in the National Airspace

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and their operation, Pre­Future llc’s operation of the Phantom 2,

UAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Pre­Future llc requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements
for maintenance that only apply to aircraft with an airworthiness certificate.

Pre­Future llc submits that the requested relief is proper since an equivalent

level of safety will be ensured. Pre­Future will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed in the operating documents

(i.e., Monthly Maintenance Log, and Instruction Manuals).

Furthermore, Pre­Future llc will document and maintain all maintenance records for the

UAV.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by Pre­Future llc to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight hour and currency requirements, that the PIC is able to safely

operate the Phantom 2 UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Pre­Future llc seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the Phantom 2 UAS does not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Pre­Future llc submits that they

will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight,

by determining that the UAS are in compliance with the operating documents (i.e.,

Monthly Maintenance Log, and Instruction Manuals), and that the aircraft are in a

condition for safe flight.

Pre­Future llc also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 2 UAS will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 2 UAS will be

provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Pre­Future’s

operation of the DJI Phantom 2, UAS within visual line of sight, at or below 400 feet

AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Pre­Future llc seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Pre­Future llc

submits that safety will not be affected by operation of the DJI Phantom 2 UAS during

daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR),

with enough battery power to fly for a total duration of approximately 23 minutes. Battery
power indicators are also able to show exactly how much battery power is left, as well

as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Pre­Future llc provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Ian Montgomery

Owner / President

Pre­Future llc

256#A Curtis Street

San Francisco CA 94112

415 3416351

ian@pre­future.com
B. The Specific Sections Of 14 C.F.R. From Which Pre­Future llc Seeks

Exemption.

1. Pre­Future llc Seeks Exemption From The Requirements Of Section

61.113(a) And (b).Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command,subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or hire;

nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

2. Pre­Future llc Seeks Exemption From The Requirements Of Section

91.7(a)​.

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Pre­Future llc Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may be, by reference to an altimeter that is set, when

operating­­

(1) Below 18,000 feet MSL, to­­

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate available

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure
4. Pre­Future llc Seeks Exemption From The Requirements Of Section

91.151(b)​.

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that

for at least 20 minutes.

5. PRE­FUTURE LLC​Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

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 this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. PRE_FUTURE LLC​Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

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

maintenance, rebuilding, or alteration unless­­

(1) It has been approved for return to service by a person authorized under § 43.7

of this chapter[.]

7. PRE­FUTURE LLC​Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(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.

8. PRE­FUTURE LLC​Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods specified in

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of

the 100­hour, annual, progressive, and other required or approved inspections, as

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor,

and appliance of an aircraft. The records must include­­

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life­limited parts of each airframe, engine, propeller, rotor, and

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or safety directive number and
revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration

to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this

chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief PRE­FUTURE LLC​Seeks And The Reason PRE­FUTURE

LLC Seeks The Relief.

1. Extent Of Relief PRE­FUTURE LLC​Seeks And The Reason PRE­FUTURE LLC

Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private

pilot or higher level certificate, as well as a current and valid airman medical certificate,

and who has met certain flight­hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, PRE­FUTURE LLC submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the Phantom 2 UAS

unless that PIC has met certain flight­hour and currency requirements, demonstrating

that the PIC is able to safely operate either the DJI Phantom 2 UAS in a manner

consistent with the operations specifications as described in this exemption, including

evasive and emergency maneuvers, as well as maintaining appropriate distances from

people, vessels, vehicles and structures.
Further, PRE­FUTURE LLC submits that all flights of the DJI Phantom 2 UAS,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

PRE­FUTURE LLC business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief PRE­FUTURE LLC​Seeks And The Reason PRE­FUTURE LLC

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow PRE­FUTURE LLC to determine that the DJI Phantom 2 UAS is in

airworthy condition prior to every flight by ensuring that the UAS is in compliance with

the operating documents (i.e., PRE­FUTURE LLC ​Aerial Operations Manual, Monthly

Maintenance Log, and Instruction Manuals).

PRE­FUTURE LLC seeks the requested relief because the DJI Phantom 2, DJI Inspire,

Alta and Cinestar 8 UAS do not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H. Therefore, PRE­FUTURE LLC will ensure that the DJI

Phantom 2 is in airworthy condition based upon its compliance with the operating

documents (i.e., Monthly Maintenance Log) prior to every flight, and further, determine

that the aircraft are in condition for safe flight, as stated in the conditions and limitations.

3. Extent Of Relief PRE­FUTURE LLC Seeks And The Reason PRE­FUTURE LLC

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 2 UAS, which utilize a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA

requires that any altitude information concerning UAS operations be reported to air

traffic control (ATC) in feet above ground level (AGL), PRE­FUTURE LLC ​seeks the

requested relief because the DJI Phantom 2 UA’s altimeter may be set on the ground to

zero feet AGL, rather than the local barometric pressure or field altitude, before each

flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is

sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Phantom 2 UAS are equipped with a barometric pressure

sensor and GPS equipment, which automatically ensures that a ground level pressure

setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads­up display of the GCS.
4. Extent Of Relief PRE­FUTURE LLC Seeks And The Reason PRE­FUTURE LLC

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 3

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), for a total duration of 23 minutes. PRE­FUTURE LLC seeks the requested

relief because without an exemption from Section 91.151(b), the flight time duration of

the battery powered DJI Phantom 2 UAS will severely constrain the practicality of any

aerial video or still photo flight operations that PRE­FUTURE LLC proposes to conduct

pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS,

the DJI Phantom 2 operating documents, and PRE­FUTURE LLC’s proposed operating

limitations, ensure that PRE­FUTURE LLC will safely operate the battery powered DJI

Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), with enough battery power to fly for a total duration of 23

minutes.

5. Extent Of Relief PRE­FUTURE LLC Seeks And The Reason PRE­FUTURE LLC

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate, PRE­FUTURE LLC requests relief from

these Sections because the DJI Phantom 2 UAS do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 2 UAS meet the conditions

of FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

PRE­FUTURE LLC will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the UAS using the methods, techniques, and practices

prescribed in the UAS operating documents (i.e., the PRE­FUTURE LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual).

Furthermore, PRE­FUTURE LLC will document and maintain all maintenance records

for the DJI Phantom 2 UAS.
D. The Reasons Why Granting PRE­FUTURE LLC Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing PRE­FUTURE

LLC ​to safely, efficiently, and economically perform aerial video and photography of

testing and development of the DEFENSE LABS, Anti Drone Defense System,

construction sites, real estate, events and civic landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits

of PRE­FUTURE LLC’s proposed operation of the DJI Phantom 2 UAS will be realized

without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the ground,

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2

UAS.

Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned aircraft,

will greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photography flight operations. By using

battery power and electric motors, the DJI Phantom 2 UAS produce no air pollution, and

is the most viable environmentally conscious alternative to the cabin class, six cylinder

internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20­30 gallons per hour of leaded aviation
fuel. The DJI Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions,

also eliminates noise pollution, as the UAS are propelled by battery powered electric

motors, rather than an internal combustion engine.

By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial risk to

life and property in the air and on the ground, which is usually associated with traditional

manned aircraft flight operations, will be substantially reduced or completely eliminated.

Aside from the lack of flight crew members located onboard the aircraft, the DJI

Phantom 2 UAS (weighing approximately 2.8 pounds at their maximum gross weight

with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34

feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2

UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the DJI Phantom 2 UAS will allow United States based companies, like

PRE­FUTURE LLC to remain competitive and contribute to growth of the U.S. economy.

Specifically, with the rising cost of aviation fuel and the Environmental Protection

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered DJI Phantom 2 UAS is one such technology

that not only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Phantom 2 UAS, companies such as PRE­FUTURE LLC, can

remain competitive and profitable, and therefore, provide greater job stability to

employees and contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial performance of U.S. companies, through commercial use

of the DJI Phantom 2 UAS, provides a stable workforce that increases consumer

spending; improves local, state, and federal tax revenues; and allows companies to

invest in research and development in order to remain competitive both in the United

States and abroad.
4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, PRE­FUTURE LLC’s proposed operation of the DJI Phantom 2 UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only

in compliance with operating documents (i.e., PRE­FUTURE LLC Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual) which

requires property owner involvement as well as local law enforcement notification, and

in accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which PRE­FUTURE LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2 UAS Meet The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with

the unmanned aircraft and its operation, The PRE­FUTURE LLC’s operation of the DJI

Phantom 2 UAS meet the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a hazard to users

of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 states the following, in part:

(a) In General.­­Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan and

rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination

under subsection (a), the Secretary shall determine, at a minimum­­

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create a

hazard to users of the national airspace system or the public or pose a

threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

(c) Requirements for Safe Operation.­­If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, PRE­FUTURE LLC submits that the DJI Phantom 2 UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; and (c)

the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and

operational capability.

i. Technical Specifications Of The DJI Phantom 2 UAS.

The technical specifications of the DJI Phantom 2 UAS are set forth by the DJI Phantom

2 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 2 UAS Global Positioning Modes Enable The UAS To

Remain Within A Defined Operational Area.

The DJI Phantom 2 UAS may be operated in both manual and global positioning flight

modes. A complete description of the flight and navigational modes of the DJI Phantom

2 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attached hereto as

Appendix A.

iii. The DJI Phantom 2 UAS Are Designed For Automatic Return To Home

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 UAS will remain stationary, in flight, for

3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS does not reacquire

control link data from the GCS, the UAS will assume that the Control Link is lost and the

will return to the home position (i.e., failsafe mode) via GPS, and will descend to the

takeoff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth

at pages 12 through 14 of the DJI Phantom 2 User Manual, attached hereto as

Appendix A.

iv. The DJI Phantom 2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 GCS

and flight control software is provided at pages 23 through 29 of the DJI Phantom 2

User Manual. DJI Phantom 2 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 2 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

PRE­FUTURE LLC video production staff will be the only persons to act as a pilot in

command (PIC) of the DJI Phantom 2 UAS. Additionally, a safety observer will assist

him at all times during flight time.

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, PRE­FUTURE LLC proposes to commercially operate DJI

Phantom 2 UAS for the special purpose of conducting aerial video and photography

over certain areas of United States, pursuant to the following specific operating

limitations.

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UAS weighing less than

55 pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft Systems.

Proposed operations of any other aircraft will require a new petition or a petition

to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above

ground level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.
5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC’s FAA­issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation

for the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with

seeing and avoiding other air traffic and other ground based

obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible

during UAS operations and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS­80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the
preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the

UAS operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The pre­flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record

keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts must be noted in the aircraft records, including total time in

service, description of work accomplished, and the signature of the authorized

person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a

current third­ class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted

under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience­building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
19. UAS operations may not be conducted during night, as defined in 14 C.F.R.

§ 1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point

as denoted on a current FAA­published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to

the Administrator upon request.

21. The UA may 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.

22. If the UA loses communications or loses its GPS signal, it must return to a

pre­ determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any operations

under the grant of exemption. This COA will also require the operator to request

a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less

than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N­ Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal Communications
Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS

is operating. These documents must be made available to the Administrator or

any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or

vehicle.

31. Flight operations must be conducted at least 500 feet from all

nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If

a situation arises where nonparticipating persons leave such protection and

are within 500 feet of the UA, flight operations must cease immediately

and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present an

undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled­access property

with permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS­80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.
2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And

(b) Would Not Adversely Affect Safety.

PRE­FUTURE LLC submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight­hour and

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in

a manner consistent with the exemption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering PRE­FUTURE LLC’s proposed area of operations, and the operating

limitations set forth­above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the DJI Phantom 2 UAS,

PRE­FUTURE LLC submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

PRE­FUTURE LLC’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

PRE­FUTURE LLC will not allow any PIC to operate the DJI Phantom 2 UAS unless

that PIC has demonstrated, by meeting minimum flight­hour requirements or the DJI

Phantom 2 UAS training and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of

5 hours of those hours as a UAS pilot operating the same make and model of UAS to

be used for operations under the exemption). In addition to the hour requirements, the

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience

that was obtained in compliance with applicable regulations will ensure an equivalent

level of safety during PRE­FUTURE LLC’s proposed operations. The Administrator has
held that prior documented flight experience that was obtained in compliance with

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi­rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same make and model of UAS to be used for operations under the

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi­rotor time and the 10 hours may be included in the

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes). The FAA finds that at a minimum, the flight­hour requirements in

Exemption No. 11062 are appropriate to practice and build proficiency in the skills

necessary to safely conduct the petitioner’s proposed operations. The FAA also

finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience­building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and

experience­building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, PRE­FUTURE LLC will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting

minimum flight­hour and currency requirements, that the PIC is able to safely operate

the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, PRE­FUTURE LLC will ensure that the DJI Phantom 2 UAS is in an
airworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude information of the DJI Phantom 2 UAS will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which downlinks from the

UA to the GCS for active monitoring of the flight path and altitude. This altitude

information, combined with The PRE­FUTURE LLC’s operation of the DJI Phantom 2

UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation

point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 UAS; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, PRE­FUTURE LLC will ensure

that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours

in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2

UAS; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UAS provide

audible and visual warnings to the PIC at the GCS when the UAS experiences low
battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low

battery level, the DJI Phantom 2 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted

relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042,

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not

Adversely Affect Safety.

In seeking this exemption, PRE­FUTURE LLC submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because The ALTEK MEDIA GROUP will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed in the operating documents (i.e., PRE­FUTURE

LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual). Furthermore, PRE­FUTURE LLC will document and maintain all

maintenance records for the DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating

documents, PRE­FUTURE LLC will maintain the equivalent level of safety established

by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2

User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3

UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because PRE­FUTURE

LLC will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by

the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of
the DJI Phantom 2 UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not

adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of PRE­FUTURE LLC’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, PRE­FUTURE LLC

submits that safety will not be adversely affected by granting exemption from 14 C.F.R.

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The

FAA has previously granted relief specific to UAS in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, PRE­FUTURE LLC requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom

2 UAS, which contain such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will

permit safe operation of the UAS for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA

Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security;

and further, provides the authority for such UAS to operate without airworthiness

certification in accordance with any requirements that must be established for the safe

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 UAS, since the airworthiness regulations of

14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the

novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or
propeller because of a novel or unusual design feature of the aircraft, aircraft

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

propeller as the FAA finds necessary to establish a level of safety equivalent to

that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom

2 UAS, which contain such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart

H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which PRE­FUTURE LLC Seeks Exemption:

PRE­FUTURE LLC seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption PRE­FUTURE LLC​Seeks:

This exemption will permit PRE­FUTURE LLC to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To

Support PRE­FUTURE LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, PRE­FUTURE LLC’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14

C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national
security; and further, provides the authority for such UAS to operate without

airworthiness certification.

As discussed in detail above, PRE­FUTURE LLC will operate the DJI Phantom 2 UAS

safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, PRE­FUTURE LLC seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 2 UAS commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and

photography over certain areas of the United States. By granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public, by allowing

PRE­FUTURE LLC to safely, efficiently, and economically operate the DJI Phantom 2

UAS commercially within the NAS.

WHEREFORE​, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, PRE­FUTURE LLC respectfully

requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading

Edge to operate the DJI Phantom 2 UAS commercially for the purpose of conducting

aerial video and photography over certain areas of the United States.

Dated: September 11, 2015

Respectfully submitted,

Ian Montgomery

President

Pre­Future LLC

256 Curtis Street #A

San Francisco California 94112

IAN@PRE­FUTURE.COM

Appendices:
A – Link to DJI Phantom 2 Manual:

http://download.dji­innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manu

al_v1.4_en.pdf