July 22, 2015 United States Department ofTransportation 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 ofFuture 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 f rom 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 ofthe 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 isjwrawlings@ gmail.com.

RobertS

. Strauss Building 1 333 New Hampshire Avenue , N.W

. Washington , D

.C

. 20036- 1564 202

.887

.4000 fax 202 .887. 4288

**a~** mg II· p cornFuture 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 ofthe Aircraft The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible 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 ofhigh-definition still images that are used later to generate maps, vegetative indices and contour lines ofthe surveyed area. The four main characteristics ofthe 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 ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations

. Finally, the wings ofthe eBee are detachable and made offlexible 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 ofthe plane so that it can easily flex away in case ofcontact 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 ofthe flight under the supervision ofthe 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 UAV (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 ofan incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use ofa 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 ifthe inspection reveals a condition that adversely affects the safety ofoperations, 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

1Manufacturer 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 ofthe 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 briefperiods oftime, within the battery capacity ofthe UAS. The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz FCC-approved ranges. UAV 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 ofthe particular UAV, and flown the particular UAV for at least 10 hours. FFT recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement ofa UAS operator to hold an airman certificate, relying on section 44711
. 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 ofwaiver, and certificates ofauthorization, 

### "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 ofParts 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 ofpublic 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 ofUASs for closed set filming, set forth below (emphasis added), applies equally to the nature ofits 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 safetyfactor for the limited operationsproposed by the petitioner to be the airmanship skills acquired through UAS

-specificflight 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 ofoperating the particular small UAS and the particular nature ofUAS operations. FFT notes that the FAA has proposed in its recent sUAS Notice ofProposed 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 reliefand 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 certificatedprivate pilot

. UAV 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 ofthe operator. All flights will be conducted within the visual line of sight ofthe pilot in command, within noncontrolled airspace, with the consent ofany 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 notif y the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles ofan airport. FFT will conduct a briefing bef ore each day's operations, which all personnel participating in the operations must attend. FFT will obtain written consent ofany 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 ofpersons. 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 ofthe 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 ofharm to pilots as well as persons and people on the ground that would be present during the operation ofmanned helicopters. UAS operations will also require a much smaller energy footprint than with manned helicopters. 

### Operations limited to the UnitedStates Under the requested exemption, FFT will operate its UASs within the United States. 

### Summary for FederalRegister 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 ofa summary in the Federal Register and public comment. Should the FAA determine that publication ofa 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