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July 6, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and specified parts under 14 

CFR, the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR. Part 11, Sully Enterprises, LLC, an operator of Unmanned Aircraft Systems (“UASs”) for aerial 

image acquisition hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its UASs.

On or about July 2, 2015, the FAA granted exemptions to seven hundred thirty-three UAS operators. It 

is in good faith and without consul that this exemption request will follow the same outline of the 

exemptions granted for the same general intents and purposes to commercially operate UASs.

This application is submitted by:

Company: Sully Enterprises, LLC

Owner: William Sullivan, Jr

Address: 441 Ridge Brooke Drive

Douglasville, GA 30134

Phone: 404.790.4451

Email: billsul@mindspring.com

Sully Enterprises, LLC's requested exemption would permit the operation of UAS under controlled and 

secure conditions that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide 

greater safety in connection with aircraft operations. As established by the exemptions already granted 

by the FAA, approval of Sully Enterprises, LLC's exemption would enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for 

the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act.

Regulations from which the exemption is requested:

14 CFR 21 14 CFR 91.119 14 CFR 91.407 (a)(1)

14 CFR 45.23(b) 14 CFR 91.121 14 CFR 91.409 (a)(2)

14 CFR 45.27 14 CFR 91.151(a) 14 CFR 91.417(a) & (b)

14 CFR 45.29 14 CFR 91.203 14 CFR 91.715

14 CFR 61.113(a) and (b) 14 CFR 91.205

14 CFR 91.9 (b)(2) 14 CFR 91.215

14 CFR 91.103 14 CFR 91.405 (a)

14 CFR 91.109

UASs operated by Sully Enterprises, LLC weigh less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. Sully Enterprises, LLC will only operate its UASs in line 

of sight operations. Such operations will insure that the UAS will “not create a hazard to users of the 

national airspace system or the public.” Given the small size of Sully Enterprises, LLC's UASs and the 

restricted secure environment within which they will operate, Sully Enterprises, LLC's UAS operations 

adhere to the Reform Act’s safety requirements. 
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Additionally, due to the size of the UASs, permission from relevant property owners or other applicable 

parties, and the limited areas in which they will operate, approval of this application presents no national 

security issues. Based on the substantial level of safety surrounding the proposed operations, and the 

significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and 

noise), the grant of the requested exemption is in the public interest. Accordingly, Sully Enterprises, LLC 

respectfully requests that the FAA grant the requested exemption.

Aircraft and Equivalent Level Of Safety

The operating limitations proposed by Sully Enterprises, LLC provide for at least an equivalent or higher 

level of safety because operations further enhance safety of aerial image collection using conventional 

aircraft.

The limitations and conditions include:

• Owner holds a BA from Embry-Riddle Aeronautical University in Fixed Based Operations 

(FBO).

• The UAS will weigh less than 55 pounds.

• Flights will be operated within line of sight of a pilot and/or observer. 

• Maximum flight time for each operational flight will be no more than 30 minutes. Flights will be 

terminated at no less than 25% battery power reserve should that occur prior to the 30 minute 

limit. 

• Flights will be operated at an altitude below 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 UAS Pilot, the Visual Observer, and the 

Camera Operator. 

• A UAS pilot will be Pilot in Command (PIC).

 A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel 

performing duties within the boundaries of the safety perimeter are required to attend. 

 The Pilot and observer must be trained in UAS operations.

 The Observer and pilot will be in communications at all times. 

• All appropriate permissions and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

• If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a pre-determined location within the secure perimeter and land. 

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 CFR 21: Certification Procedures For Products and Parts

This regulation is designed for manned aircraft. It is not suitable for off – the - shelf or 

production UAS. All parts come from the manufacturer. Substantive replacement parts (i.e. 

motors, propeller blades, radio transmitters, etc.) also come from the manufacturer or an 

authorized vendor with approved after-market components and will ensure correct equipment is 

used to replace substantive parts of the UAS craft.

14 CFR 45.23(b): Display of Marks; general

Normally, a small decal or sticker label with non-standard alphanumeric markings (as 

mentioned in 14 CFR 45.29) should be able to be affixed the UAS in some location. However, if

unable to affix some kind of label with the vehicle’s registration number on it, other identifiable 

numbers will be used from the craft, such as manufacturer’s serial number and/or a designated 

vehicle number from the operator, Sully Enterprises, LLC, Inc. that can be used to cross 

reference the UAS to the registration number as assigned by the FAA. A cross reference of said 

numbers will be documented by the operator and available in the operator’s private records.
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14 CFR 45.27: Location of marks; nonfixed -wing aircraft

Specifically, §45.27(a) states that for Rotorcraft: Each operator of a rotorcraft must display on 

that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by §45.23.Because this is neither a passenger rotorcraft nor contains a cabin, book, or 

tail in the traditional sense, displaying any type of registration marking cannot be accomplished. 

Therefore, the next best location will be used to place the UAS aircraft registration number, this 

will be determined by the operator to ensure balance, mechanical motion, and radio/GPS signal 

Reception is not hindered. As guidance, a typical ideal location may be the booms for the motor 

arms or on the landing gear assembly.

14 CFR 45.29: Size of Marks

There will be insufficient space to display aircraft registration numbers on this type of UAS and 

make it visible as required by this section. A smaller decal or sticker label with non-standard 

alphanumeric markings will be affixed to the UAS in some location in order to identify the craft.

14 CFR 61.113(a) and (b): Private Pilot Privileges and Limitations:

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because theUAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Pilot in Command (PIC) operating the aircraft to 

have a private pilot’s license rather than a commercial pilot’s license to operate aUAS. Unlike a 

conventional manned aircraft, aUAS is remotely controlled by a ground-based operator. The 

operational area is controlled and restricted, and all flights are planned and coordinated in 

advance. The level of safety exceeds that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS

are so diminished from the level of risk associated with commercial operations contemplated by 

Part 61 allowing UAS use by a sport pilot as the PIC exceeds the present level of safety sought 

by 14 CFR 61.113 (a) and (b). 

14 CFR 91.9: (b)(2)

The need to have an aircraft manual onboard does not apply. UAS aircraft information manuals 

will be kept by the operator.

14 CFR 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. 

However, an equivalent level of safety will be provided. The PIC will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight.

14 CFR 91.109: Flight instruction; Simulated instrument flight and certain flight tests

At times, it will be necessary to certify and/or recertify other UAS operators in an instructional 

setting. There will be no persons onboard the UAS.

Also, on the ground, only a single UAS transceiver controller will be monitored by the person 

giving instruction to the current UAS PIC receiving instruction and piloting the UAS craft.
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14 CFR 91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, 

in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.”

Because Sully Enterprises, LLC requests authority to operate at altitudes no higher than 400 

AGL, and not more than 200 above an elevated platform from which filming is planned, an 

exemption is needed to allow such operations. It may, however, be operated in a restricted area 

within a security perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of 

property owners or local officials. Because of the advance notice to the property owners and 

participants in the filming activity, all affected individuals will be informed of the planned flight 

operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, 

any risk associated with the proposed UAS operations is far less than conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure 

separation between a UAS and conventional aircraft.

14 CFR 91.121: Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As a UAS may not have a barometric altimeter, but 

instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the Pre- Flight inspection and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR. 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, 

to fly after that for at least 30 minutes . . . .”

The typical battery powering the Sully Enterprises, LLC’s UASs provides less than 30 minutes 

of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, UAS flight 

would not be possible. Given the limitations on the UAS’s proposed flight area and its proposed 

operations within a predetermined location, a longer time frame for flight in daylight VFR 

conditions is reasonable. Furthermore, operating the UASs in a tightly controlled area where 

only people, property owners, or official representatives will be allowed, less than 30 minutes of 

reserve fuel does not engender the type of risk that §91.151(a) was intended to address.

Sully Enterprises, LLC believes that safety can be achieved by limiting flights to 30 minutes or 

25% of battery power, whichever occurs first. This restriction would be more than adequate to 

return the UAS to its pre-determined landing zone from anywhere in its limited operating area.

14 CFR 91.203 (a) and (b), and 91.715 Airworthiness Certificates 

Section 91.203(a) prohibits, in pertinent parts, any person from operating a civil aircraft unless it 

has within it:
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(1) An appropriate and current airworthiness certificate; and 

(2) An effective U.S. registration certificate issued to its owner or, for operation within 

the United States, the second copy of the Aircraft Registration Application as provided 

for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent parts, that no person may operate a civil aircraft 

unless the airworthiness certificate or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. A UAS has 

no certificate nor does it have a cockpit door. Sully Enterprises, LLC is requesting an exemption 

from 91.203 (a) and (b), and also 91.715

14 CFR 91.205 (b): Powered civil aircraft with standard category U.S. airworthiness certificates: 

Instrument and equipment requirements

Section 91.205 pertains to cockpit instruments for manned aircraft occupied by at least one 

pilot. This is not applicable to UAS. However, to ensure an equivalent level of safety and 

information, transmitted telemetry will be sent to the PIC and displayed on a video screen 

indicating various parameters including, but not limited to, GPS altitude, GPS signal, battery

power remaining, time in flight, UAS ground speed, etc

14 CFR 91.215: ATC transponder and altitude reporting equipment and use

The UAS craft will have insufficient useful load and power supply to operate a transponder. 

Furthermore, operations offered by the blanket COA will occur below ATC radar coverage. To 

ensure an equivalent level of safety, when operations exist within 3 miles of a public airport, the 

operator will notify the local airport or ATC facility to advise them of the operation. If operations 

exist in an area not covered by the blanket COA, then a specific COA for that operation will be 

obtained by the local FSDO and specific case-by-case coordination with ATC will be made for 

the UAS flight.

14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Sully Enterprises, LLC operations. Maintenance will be 

accomplished by the operator. An equivalent level of safety will be achieved because the UASs

are limited in size, will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order 

prior to flight, perform any required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the UAS and best suited to 

maintain it in an airworthy condition.

Summary

Sully Enterprises, LLC will adhere to all outlined safety precautions. The unit itself weighs fewer 

than 55 pounds and powered by batteries that eliminates virtually all of that risk given the small 

size and lack of fuel. Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security) provide more than adequate 

justification to grant Sully Enterprises, LLC’s requested exemption, allowing for Sully 

Enterprises, LLC's UAS operations.
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If you have any questions or need any additional information, please contact the undersigned by phone 

at 404.7904451 or via email at billsul@mindspring.com.

Sincerely,

William Sullivan, Jr

Owner

Sully Enterprises, LLC