July 22, 2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

AkinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption of Future Farming Technologies, Inc. under Section 333 of 

the FAA Modernization and Reform Act, 49 U.S.C. 44701(£), and 14 C.F.R. Part 11 

On behalf of Future Farming Technologies, Inc. ("FFT"), we hereby seek an exemption from 

certain Federal Aviation Regulations enumerated below, as authorized by Section 333 of the 

FAA Modernization and Reform Act ("Section 333"), Subsection 44701(£) of the Federal 

Aviation Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation 

Regulations, to allow Future Farming Technologies, Inc. to operate the senseFly eBee unmanned 

aerial vehicle and system to provide high resolution aerial imagery and precision agriculture 

applications. 

FFT will comply with the same conditions and limitations as provided in numerous Section 333 

exemptions granted recently. Accordingly, we respectfully ask the FAA to grant this petition in 

summary fashion, and obviate Federal Register publication and public comment. 

FFT intends to implement an aerial precision agriculture service using senseFly's eBee in order 

to assist its customers to increase productivity and crop-scouting efficiency. Using the eBee, FFT 

will be able to create specialized maps of a field located on a client farm. Using this imagery 

intelligence, agronomists and producers can address plant health issues before they expand, 

mitigating yield loss. The service provided by FFT leveraging the eBee would save client farms 

and agronomy experts significant resources expended scouting fields and protecting their crops. 

The name of the applicant is Future Farming Technologies, Inc. The primary contact is Mr. 

James Whitney Rawlings, 11 3 13th Street Southeast, Washington, DC 20003. Telephone is (601) 

600-1628. His email is jwrawlings@gmail.com. 

RobertS. Strauss Building 1333 New Hampshire Avenue, N.W. Washington , D.C. 20036-1564 202.887.4000 fax 202.887. 4288 a~ mg II· p corn 
Future Farming Technologies Petition for Exemption 

July 22,2015 

Page 2 of7 

Exemptions requested 

14 C.F.R. Part 21 (airworthiness certification) 

14 C.F.R. 61.113 (a) and (b) (pilot certification and qualification) 

14 C.F.R. 91.7(a) (airworthiness) 

14 C.F.R. 91.119(b) and (c) (minimum safe altitudes) 

14 C.F.R. 91.15l(a) and (b) (fuel requirements in VFR conditions) 

14 C.F.R. 91.405 (a) and (b) (maintenance) 

14 C.F.R. 91.407(a)(1) (approval for return to service) 

14 C.F.R. 91.409(a) (annual and airworthiness certification inspection) 

14 C.F.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicles and Systems: Characteristics of the Aircraft 

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 

pounds) platform made of flexible foam that performs pre-programmed precision aerial mapping 

missions thanks to the on-board GPS and the related flight management software (eMotion) that 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in realtime. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection 

of high-definition still images that are used later to generate maps, vegetative indices and contour 

lines of the surveyed area. The four main characteristics of the eBee are: 

a. Very light weight 

The eBee is so light that the operator can launch it by hand and let it land on almost any surface 

without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, 

the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and 

almost no internal strengthening structure. 

b. Electric-powered 

The eBee is electric-powered. A brushless engine technology makes it silent and reliable. The 

propeller is attached with a rubber band to the body of the plane so that it can easily flex away in 

case of contact with any object. 

c. Semi-automatic flight 

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes 

data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the 

aspects of the flight under the supervision of the operator. 
Future Farming Technologies Petition for Exemption 

July 22,2015 

Page 3 of7 

d. Option for Manual control 

Additionally, the eBee provides an override capability that allows the operator to take manual 

actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend 

automated operations and take manual control of the aircraft should it become necessary to 

respond emergent circumstances, thanks to the remote controller provided with the system. 

Given its small size, operational capabilities, and restricted area in which the UAS will operate, 

an exemption from Part 21 , Subpart H, Airwmihiness Certificates, and 14 C.F.R. 91.7(a), is 

warranted, the eBee UAS satisfies the equivalent level of safety as compared with manned 

aircraft and meets the criteria in section 333. The eBee UAS has been approved for commercial 

use in more than thirty exemptions granted to date; see, e.g., Advanced Aviation Solutions, 

Exemption No. 11136, senseFly, Exemption No. 11263, Pravia, LLC, Exemption No. 11167, 

Viafield, Exemption No. 11170, and 3D Aerial Solutions, LLC, Exemption No. 11193. 

Each UA V (with payload) is less than 2 pounds, carry no explosive materials or flammable 

liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an on board pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the aerial operations. 

In support of FFT's request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l), 

91.409(a)(l) and (2), and 91.417(a) and (b), FFT will adhere to the following inspection and 

maintenance program: FFT will inspect the UAS before and after each operation, as well as 

perform daily, weekly, monthly, and mmual inspections, as set forth in its operations manual. 

Before each flight, the pilot in command will inspect the UAS to ensure it is in a safe condition 

for flight. The preflight inspection will account for any discrepancy, such as an inoperable 

component, item, or equipment. FFT will not initiate a flight if the inspection reveals a condition 

that adversely affects the safety of operations, and will not operate that UAS until it is found to 

be in a safe condition. Any UAS that has undergone maintenance or an alteration that affects the 

UAS 's operation or flight characteristics will undergo a functional flight test before return to 

servrce. 

FFT will follow the manufacturer's UAS requirements relating to components, maintenance, 

overhaul, replacement, inspection and life limits. FFT will record all maintenance, alterations, 

and the functional flight test in the UAS logbook, including total flight hours, description of 

work accomplished, and the signature ofthe UAS technician who returned the UAS to service. 1 

1 Manufacturer and operating manuals will be provided separately. 
Future Farming Technologies Petition for Exemption 

July 22, 2015 

Page 4 of7 

FFT UASs are equipped with an altimeter that provides the pilot with real-time telemetry data in 

addition to a constant digital display of altitude, speed, and UAS proximity. Moreover, the 

UASs will be operated within the visual line of sight of the pilot in command and observer and 

below 400 feet AGL. In addition, the flight controllers are programmed not to allow the aircraft 

to exceed the 400 feet ceiling, even if the pilot command input is in-conflict, or if 

communication with the remote control transmitter fails. Accordingly, FFT does not believe an 

exemption from 14 C.F.R. 91.121 is required. 

In support ofFFT's request for an exemption from fuel requirements in 14 C.F.R. 91.151(a) and 

(b), we note that its UAS is battery-powered and is operated for brief periods of time, within the 

battery capacity of the UAS. 

The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz 

FCC-approved ranges. 

UA V and UAS Operator Qualifications and Training 

In support of FFT's request for an exemption from the pilot certification and qualifications 

requirements in 14 C.F.R. 61.113(a) and (a), FFT asserts that an equivalent level of safety is 

achieved by the VAS-specific experience of its Pilots. Each FFT pilot, before conducting a 

commercial operation under the requested exemption, will have successfully completed an 

aeronautical knowledge test, performed at least 20 takeoffs and landings of the particular UA V, 

and flown the particular UA V for at least 10 hours. 

FFT recognizes the FAA's position that section 333 does not allow the FAA to waive the 

requirement of a UAS operator to hold an airman certificate, relying on section 44 711 . Section 

333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAS 

operator from any certification requirement. Section 3 3 3 instructs the FAA to consider whether 

to require airworthiness certificates, certificates of waiver, and certificates of authorization, "at a 

minimum." Thus, Congress vested FAA with discretion to waive certificate requirements other 

than an airworthiness certificate, including an airman and medical certificates. 

Even if the pilot certification requirement is not waived, FAA has exemption authority under 

section 44701(f) to exempt UAS operators from the particular requirements of Parts 61 and 67 -

such as the requirement to conduct flight training on board an aircraft - and develop airman 

certification requirements specifically designed for small UAS operations. Applying manned 

aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and 

does not make sense as a matter of public policy. 

FFT believes that FAA's determination in the Astraeus Aerial and other exemptions that a 

commercial pilot certificate is not required for the operators of UASs for closed set filming, set 

forth below (emphasis added), applies equally to the nature of its UAS operations: 
Future Farming Technologies Petition for Exemption 

July 22,2015 

Page 5 of7 

[T]he experience obtained beyond a private pilot certificate in pursuit of a commercial 

pilot certificate in manned flight does not necessarily aid a pilot in the operational 

environment proposed by the petitioner; the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through UAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing. 

FFT believes this reasoning supports a UAV/UAS-focused training and experience regimen that 

should obviate not only a commercial pilot certificate but also a private pilot certificate because 

any training will be focused on the particular skills of operating the particular small UAS and the 

particular nature of UAS operations. 

FFT notes that the FAA has proposed in its recent sUAS Notice of Proposed Rulemaking that a 

small UAS operator would be required to successfully complete an aeronautical knowledge test, 

but would not be required to obtain a commercial or private pilot certificate. Also, medical 

certification would be obviated by a pilot's self-certification before flight that the pilot is 

physically and mentally fit to operate the UAS. 

Accordingly, the FAA should grant appropriate exemption relief and revise the standard term on 

PIC certification to permit FFT to use pilots who have successfully completed commercial UAS 

training and have also gained flying experience using the aforementioned UAS's. In the event 

the FAA does not grant such relief, however, FFT will employ a suitably certificated private 

pilot. 

UA V and UAS Operating Parameters 

FFT will operate its UASs in full compliance with the applicable manufacturer manual. FFT's 

typical flight will be operated under 400 feet AGL and within 2 km of the operator. 

All flights will be conducted within the visual line of sight of the pilot in command, within noncontrolled airspace, with the consent of any property owner. Although the UAS may be operated 

in a metropolitan area, it will be controlled and monitored only by authorized personnel, and be 

flown below 400 feet AGL. 

FFT will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic 

Control for any operation within five miles of an airport. 

FFT will conduct a briefing before each day's operations, which all personnel participating in the 

operations must attend. FFT will obtain written consent of any person who will be participating 

in the operations or otherwise be on the private property where operations are to take place. 

FFT will provide notice to any adjacent buildings or structures. FFT will limit its operations to 

daytime Visual Flight Rules ("VFR"). 
Future Farming Technologies Petition for Exemption 

July 22, 2015 

Page6of7 

FFT seeks an exemption from the requirement in 14 C.F .R. 91.119, subsection (b), that an 

aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While FFT may operate its UASs in a metropolitan area, the operations will 

be carefully pre-planned to minimize risk to persons or property, avoid intrusion into 

unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated over a 

highly-congested area or open air assembly of persons. 

FFT will make every reasonable effort to ensure that no unauthorized person will be on the land 

over which the UASs will be operated, and will provide notice to adjacent buildings and furnish 

proctors as may be necessary to ensure that unauthorized persons do not come within the narrow 

parameters in which the UASs will be operated. Combined with the technological capabilities of 

the UASs and that the UASs will be operated within the visual line of sight of the pilot and an 

observer, FFT submits that its operational limitations provides an equivalent level of safety to 

that provided in section 91.119. 

Public interest 

The planned UAS activities will increase ground safety for aerial precision agriculture services. 

The enhanced safety and reduced environmental impact achieved using a UAS with the 

specifications described by the petitioner, rather than a mmmed aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that 

the UAS operation enabled by this exemption is in the public interest. 

Operating UASs under the limitations proposed by FFT will avoid any risk of harm to pilots as 

well as persons and people on the ground that would be present during the operation of manned 

helicopters. UAS operations will also require a much smaller energy footprint than with manned 

helicopters. 

Operations limited to the United States 

Under the requested exemption, FFT will operate its UASs within the United States. 

Summary for Federal Register 

Because petitioner seeks the same authority under the same conditions and limitations as the 

FAA has granted to many petitioners, we believe granting this petition would not set any 

precedent and thus should be subject to summary handling, thereby obviating publication of a 

summary in the Federal Register and public comment. Should the FAA determine that 

publication of a summary is required, FFT submits the following summary to be included in the 

Federal Register: 
Future Farming Technologies Petition for Exemption 

July 22,20 15 

Page7of7 

Future Farming Technologies seeks an exemption to operate the senseF!y eBee 

unmanned aircraft systems to perform precision agriculture. 

Sincerely, 

Copy to: James Whitney Rawlings