Opensail Production Co. LLC

Alex Bolen

5421 Cascade Road SE

Grand Rapids, MI 49546

(616) 406-6928 opensailprod@gmail.com

Date: September 12, 2015

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, Opensail Production Co. LLC, operator of Small Unmanned

Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography,

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”)

to allow commercial operation of its sUASs, so long as such operations are conducted

within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.1

As described more fully below, the requested exemption would permit the operation of

small, unmanned and relatively inexpensive sUAS under controlled conditions in

airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if

granted, would allow Opensail Production Co. LLC to conduct commercial operations of

small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational

and safety requirements Congress has set forth in Section 333.

Opensail Production Co. LLC is a media/technology company owned and run by Alex Bolen. Mr. 

Bolen has been active in Radio Controlled Aircraft for the past 3 years

with experience in rotary wing aircraft.

Opensail Production Co. LLC plans to exploit the capabilities of Unmanned Aerial Systems to

offer a multitude of services, including:

- Aerial surveying

- Event photography/videography

- Agriculture purposes

- Real estate photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring 

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil

UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system

before completion of the (comprehensive) plan and rule-making required by section
332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section

332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petitioner meets all requirements to

permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations from which the

exemption is requested: 

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a

much smaller environmental impact which promotes public safety.

We are petitioning for exemption to enable Opensail Production Co. LLC to operate a DJI

Phantom 3 Professional upgraded to the latest firmware and equipped with a three-axis camera 

gimbal and using a 4K camera. This sUAS has a built-in capability to limit the height it flies

above the ground, to limit the radius of the distance it flies from the operator. The Phantom 3 

Professional also has the failsafe function of the autopilot system which means when the

communication between the Main Controller and the transmitter is disconnected, the

outputs of all command sticks from controller will go to the center position. If the GPS

signal is good enough, the system will automatically trigger Return to Home and will

land safely.

Please refer to the link to the Phantom 3 Professional Instruction Manual for the performance

limitations and flight operations.

http://download.dji-innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.4_en.pdf

Aircraft weight is 46 oz. with battery, 3 Axis Camera Gimbal and Camera.

A pre-flight inspection will be performed by the PIC in accordance with the factory

instruction manual. An added step will be the inspection of the propellers. A propeller

will be replaced if it has any nicks and cracks with a manufacturers authorized propeller.

The sUAS will be maintained in accordance with the manufacturers instruction manual

and only manufacturer's authorized replacement parts will be used.
FCC Information

This DJI C1 transmitter used for controlling the sUAS complies with part 15 of the FCC

rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and (2) this device must accept any

interference received, including interference that may cause undesired operation.

The DJI C1 radio transmitter used for controlling the sUAS is wireless technology which

has been tested and found to be compliant with the applicable regulations governing a

radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating our DJI C1 transmitter, the PIC will maintain a separation distance of at

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the

antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least 2 hours flying time and 3 takeoffs and landings within 30

days in the type of UAS utilized in operations. The PIC will have at least 50 hours total time and 

at least 30 hours flying Radio Controlled Model Aircraft of which will be 10 hours flying sUAS’s.

Training will be conducted at a local Radio Control Club flying field. The UAS System

ground-based control station consists of a small hand-held radio transmitter and while it

does not offer a second set of "controls", both the student and instructor can, and will,

operate the single set of controls simultaneously.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties

include all preflight preparation, in flight operation, post flight requirements, all

procedures including but not limited to:

- Safe in flight operations

- Risk Mitigation to Persons and property Airfield Suitability 

The Observer must have the visual acuity to observe the sUAV and be able to

communicate clearly with the PIC.

The Observers duties are:

- Warning the PIC of any impending obstacles in the flight path of the sUAS.

- Warning the PIC of any deviations in the planned flight path of the sUAS.

- Warning the PIC should any unauthorized personnel appear in the area of the planned flight.

The Observer will have the authority to order the PIC to terminate the flight should

he feel the flight cannot be conducted safely.

General Operating Standards

• Opensail Production Co. LLC will only operate its sUAS in line of sight of a pilot and/or

observer and will operate at sites that are a 'sufficient distance' from populated areas.

Such operations will insure that the sUAS will "not create a hazard to users of the

national airspace system or the public."
• Before an operation of a sUAV within 5NM of an airport with a control tower, the

control tower will be called to gain permission to operate the sUAS. The PIC will give

the position, altitude and the times the sUAV will be operated. The sUAS will not be

operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles

visibility and a 1000 foot ceiling.

• Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators

will be notified and the PIC will give the right of way to avoid flying in the proximity of

full-scale aircraft. At no time will the sUAV be operated within the final approach course

and the takeoff course of any runway. The sUAV will not be operated at an altitude of

over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 25 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 25

minute limit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more

than 400 feet AGL, and not more than 200 feet above an elevated platform from which

filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds of no more than 60 knots, can hover, and can

simultaneously move vertically and horizontally. 

• Given the small size of the sUAV and the restricted sterile environment within which

they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger

aircraft running on combustible fuel, it operates at lower altitudes with no people on

board and will thereby reduce current risk levels and thereby enhance safety and diminish

the likelihood of death or serious bodily injury. With a small payload and maximum

flight time of only 25 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than

ground based imagery for displaying the characteristics of large, complex properties with

several buildings and large trees. The applicants in the past have chartered 2-seat full-sized

helicopters for this purpose, which has proven more costly than many potential

clients have been able to afford. The benefits of reduced cost and improved quality of

presentation from the UA will be valuable to and benefit many buyers and sellers of real estate

property.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, the police, the sheriff, et al.,

while remaining subject to all limitations cited in this application as we do so.

(a) No flight will be made with a Gross weight exceeding 35 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an

airspeed of no more than 60 knots and no further than 1 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the

property owner;
(e) All required permits will be obtained from state and local government prior to

operation;

(f) Opensail Production Co. LLC will not be operated over densely populated areas;

(g) Opensail Production Co. LLC will not be operating over any open-air assembly of people;

(h) Opensail Production Co. LLC will not be operating over heavily trafficked roads;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Opensail Production Co. LLC requests an exemption from the following regulations as well as

any additional regulations that may technically apply to the operation of the sUAV

System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While

the FAA continues to work to develop airworthiness standards for Unmanned Aerial

Systems, we request an experimental certificate be issued for the DJI Phantom 3 Professional 

under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new

aircraft equipment, new aircraft installations, new aircraft operating techniques, or new

uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations

to show compliance with the airworthiness regulations including flights to show compliance

for issuance of type and supplemental type certificates, flights to substantiate major

design changes, and flights to show compliance with the function and reliability requirements of

the regulations. Since the experimental certificate can be used for commercial purposes

such as market surveys, sales demonstrations, and customer crew training, we would

expect that an experimental certificate would permit our commercial purpose as well. The

aircraft will not carry persons or property, will not carry fuel, and will only fly under

strict operational requirements. Combined with the UA's light weight, being constructed

primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if

not safer, than a conventionally certificated aircraft performing the same mission. If an 

experimental airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart

H, and the requirement for an airworthiness certificate in general, citing the equivalent level

of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the

cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to
it by the FAA. We propose to achieve an equivalent level of safety by including the word

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the

PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft

while it is preparing for launch will be able to see the designation. Additionally, we feel

that the permanent placard discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Finally, we will display at the ground

station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM 

of the ground station, the banner should be visible to anyone that observes the aircraft and

chooses to investigate its point of origin.

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

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a

private pilot to act as pilot in command of an aircraft in connection with any business or

employment if: (1) The flight is only incidental to that business or employment; and (2)

The aircraft does not carry passengers or property for compensation or hire. Our proposed

operations require that the PIC must hold at least a Private Pilot Certificate with a Class

III Medical issued by the FAA and since the aircraft cannot carry passengers or property,

we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this

application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness

certificate.

As no such certificate will be applicable in the form contemplated by the

FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure

that flight manual information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew during flight

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we

propose that a current, approved sUAS Flight Manual must be available to the crew at the

ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests

The regulation states "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The UAS System

ground-based control station consists of a small hand-held radio transmitter and while it

does not offer a second set of "controls", both the student and instructor can, and will,
operate the single set of controls simultaneously. With both student and instructor having

"hands-on" the controls during flight, we feel that this technique meets the intent 91.109

and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical

mission of the sUAS would be photography or survey of persons, vessels, vehicles or

structures it would be necessary to operate closer than 500 feet to the items listed.

Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned flight path has been performed. The aircraft will be

operated at a low altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface. Therefore we maintain that due to the

small size of the UAS, the hazard to persons, vehicles and structures is minimal

compared to manned aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly

below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent

conflict with other aircraft. An Above Ground Level altimeter measurement above the

takeoff point is transmitted via radio from the sUAS on-board computer to the display

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-vFR

conditions unless there is enough fuel to fly to the first point of intended landing and to

fly after that for at least 20 minutes. We feel the intention of this paragraph is to provide

an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated

and the maximum duration of flight from a single battery charge is 15 minutes with a

20% reserve. Since the aircraft will never fly more than 1 NM from the point of intended

landing, a full battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an

equivalent interpretation with the word “energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum

gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have

an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent

level of safety and meet the intent of 91.203, we propose that documents deemed

appropriate for this aircraft by the FAA will be with the crew at the ground control station

and available for inspection upon request. In order to identify the aircraft, we propose that
the information found on airworthiness and registration certificates be permanently

affixed to the aircraft via placard containing the following information plus the word

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs

91.407 and 91.409 require that the aircraft be "approved for return to service by a person

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC 

perform maintenance and inspection of the aircraft and "be authorized to approve the

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy

condition prior to every flight and in addition conduct detailed inspections after every

two hours of flight. Maintenance performed by the PIC is limited to repairing small

cracks, replacing a propeller, checking electrical connections and updating software and

firmware for the on-board computer. All other maintenance will be performed by the

manufacturer or their designated repair facility. The PIC will document work performed

in accordance with 91.417. We feel that due to the size, construction, and simplicity of

the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Opensail Production Co. LLC will be using the UAS in a variety of applications that generally

require expensive full-size manned aircraft to complete. Small, light, unmanned aerial

vehicles offer myriad benefits over the use of full-sized manned aircraft for electric

power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still

photography, just to name a few. Replacing significantly larger manned aircraft carrying

crew and flammable fuel with small UAS carrying no passengers or crew creates a much

greater margin of safety for the pilots and crew. By granting Opensail Production Co. LLC’s

requested exemptions, the FAA will help drive development of safe and successful

commercial UAS operations and will advance the public knowledge base for such

operations. Opensail Production Co. LLC is committed to promoting the UAS research efforts

of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its

commercial UAS operations and serving as a resource for future UAS research

operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all the SUAs which our company would use, under

authorization by the US DOT-FAA, are small, light-weight devices operated within the

line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with

aviation activities, unless the air traffic control authorities (ATC) have been notified and

have authorized each flight within a radius of this distance.

All our SUAs have proven capability for controlled flight. They are devices offered for

general sale on the market around the world and have often been used as Model Aircraft

in the USA. We are certain that the studies conducted until now by the FAA, about
Section 332, Public Law 112-95, 2014, have already provided you with the assurances on

the airworthiness of SUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Opensail 

Production Co. LLC should be permitted to conduct small UAS operations in accordance

with its manuals and all other operating parameters deemed necessary and appropriate by

the FAA. The submission of this application and its contents is the best demonstration 

that indeed it is possible to pursue the authorization process so that some SUAs may be

used for legitimate commercial activities and under reasonably safe conditions.

Signed,

Alex Bolen

Opensail Production Co. LLC