John O’Sullivan

413 West 48th Street, Apt. 1R

New York, NY, 10036

212-365-8415

john@osullivanstudios.com

July 31, 2015

U.S. Department of Transportation

West Building Ground Floor

Room w12-140

1200 New Jersey Avenue, 

SE Washington, DC, 20590

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 112-95), 

(2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption 

authority under 49 U.S.C. § 44701(f), John O’Sullivan of O’Sullivan Studios, LLC, (“Petitioner”) hereby petitions 

for exemptions listed below.

14 CFR Part 21 H Requirements to Secure Airworthiness Certificate

14 CFR. 45.23 b Size of display marks

14 CFR § 61.113 a & b Private Pilot Privileges and limitations; Pilot in Command

14 CFR. 91.7(a) Civil aircraft airworthiness

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

14 CFR § 91.103 Preflight Action

14 CFR § 91.109 a Flight Instruction

14 CFR § 91.119 c Requirements for Minimum Safe Altitude for Civil Aircraft Operation

14 CFR § 91.121 Altimeter Settings

14 CFR § 91.151a1 Fuel Requirements for Flight in VFR Conditions

14 CFR. § 91.203 a & b Carrying Civil Aircraft Certification and Registration

14 CFR § 91.405 a Maintenance Required

14 CFR § 91.407 a1 Maintenance, Preventive Maintenance, Rebuilding, or Alteration

14 CFR § 91.409 a1&2 Inspections

14 CFR § 91.417 a & b Maintenance Records

The proposed exemptions, if granted, would allow John O'Sullivan to commercially operate a small-unmanned 

aircraft system (“sUAS”), to shoot video and still photography used for web-based videos, real estate 

advertising, property inspections and personal fine-art projects. 

Along with this petition the following documents have been submitted:

• O’Sullivan Studios sUAS Standards Operation Manual.pdf

• PHANTOM2_User_Manual_v1.2_en.pdf

• FPV-Black-Pearl-Monitor.pdf
BACKGROUND

John O'Sullivan seeks an exemption to operate DJI Phantom 2 small-unmanned aircraft system (sUAS) 

equipped with a three-axis gimbal and GoPro camera system, for compensation or hire within the National 

Airspace System.

John O’Sullivan of O’Sullivan Studios, LLC, has provided clients with photography, video, and multimediarelated services for over 10 years. John O'Sullivan hopes to offer aerial photography and cinematography 

services to provide a more affordable solution for areal imagery. John O’Sullivan has been assembling and 

flying small RC helicopters since 2006. He is a member of the Academy of Model Aeronautics (AMA) and for 

the last two years, has logged over 45 hours of flight time on a DJI Phantom 2 Quadcopter, equipped with a 

three-axis gimbal and a GoPro camera, without incident.

The DJI Phantom 2 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with 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 4 

Lithium Polymer battery powered electric motors.

How this request would benefit the public as a whole:

O’Sullivan Studios’ use of a sUAS reduces the need to operate conventional aircraft lowering the overall cost to 

the consumer. sUAS can provide photos and video more quickly, accurately, economically, safely, and with 

reduced environmental impact.

NAME AND ADDRESS OF PETITIONER

John O’Sullivan

Owner and sUAS Pilot/Operator

O’Sullivan Studios

413 West 48th Street Apt. 1R

New York, NY, 10036

212-365-8415

John@osullivanstudios.com
The specific sections of 14 CFR from which John O’Sullivan is seeking an exemption as well as the 

reasons for the exemptions:

14 C.F.R. Part 21, Subpart H - Airworthiness Certificates

John O'Sullivan requests an exemption because of size, speed, weight, and limited operating area of the DJI 

Phantom 2 to meet the level of safety necessary for exemption under (49 U.S. Code § 44701 – “General 

requirements” (f)). In addition, considering the small size of a DJI phantom, if flown in accordance with 

the sUAS Standard Operating Procedures Manual developed by John 

O'Sullivan and flight procedures recommended by the DJI Phantom Manual, it provides at least an equivalent, 

and, most likely, superior level of safety to that of such operations being conducted with conventional aircraft.

14 C.F.R. 45.23(b); Size of display marks

John O'Sullivan requests an exemption from 45.23(b); "Marking of the aircraft" because the DJI phantom sUAS

does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Additionally, two-inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement.

If required by the FAA, John O’Sullivan will mark the sUAS with the largest possible lettering if assigned a 

number or name (based on a request or ruling by the FAA on its fuselage).

14 CFR § 61.113 (a) and (b) - Private Pilot Privileges and Limitations; Pilot in Command

Under §61.113 (a) and (b) private pilots are limited to non-commercial operations, however John O'Sullivan can 

achieve an equivalent level of safety as achieved by current regulations. Allowing operations of the sUAS

exceeds the present level of safety achieved by 14 CFR 61.113 (a) and (b) since there will be no human beings 

on board the sUAS and the sUAS will be operated in an environment to minimize risk while in the air. In order to 

ensure a high level of safety John O’Sullivan has developed a sUAS Standard Operating Procedures Manual

that will help ensure safe flights.

14 C.F.R. 91.7(a); Civil aircraft airworthiness

John O'Sullivan is seeking relive of from section 91.7(a) because the DJI Phantom 2 sUAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, John O'Sullivan will ensure 

that the DJI Phantom 2 sUAS is in airworthy condition based upon its compliance with the operating documents 

(i.e., Maintenance Log, Standard Operating Manual, Checklists and DJI Phantom 2’s Manual) prior to every 

flight.

14 C.F.R. 91.9 Civil aircraft flight manual, marking, and placard requirements

John O'Sullivan seeks an exemption from C.F.R. 91.9 because the size and configuration of the DJI Phantom 2 

has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board

but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the sUAS Standard Operating Procedures Manual 

and DJI Phantom Manual at the ground control point where the PIC will have immediate access to them.

14 CFR § 91.103 - Preflight Action

John O'Sullivan will perform preflight inspections in accordance with the manufacturer's recommendations and 

the O’Sullivan Studios sUAS Standard Operating Procedures Manual. Preflight inspections will also include 

weather and wind checks before flight and assessment of potential surrounding hazards such as power lines, 

trees, bushes, etc.

14 CFR § 91.109 (a) - Flight Instruction

John O'Sullivan seeks an exemption from 91.1 09(a), which provides that "no person may operate a civil aircraft 

(except a manned balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls." sUAS and remotely piloted aircraft do not have functional dual controls. sUAS flight control is 

accomplished through the use of a device that communicates with the aircraft via radio communication.

14 CFR § 91.119 (c) - Requirements for Minimum Safe Altitude for Civil Aircraft Operation

John O'Sullivan’s sUAS will be operated below the 400 feet Above Ground Level (AGL). Given the size, weight 

(less than 3 pounds) and speed of the sUAS, equivalent levels of safety will be achieved.
14 CFR § 91.121 - Altimeter Settings

John O'Sullivan requests an exception from 91.121 because the DJI Phantom uses a barometric altimeter that 

is automatically reset before each flight. The operator can achieve equivalent safety as the sUAS uses AGL 

height from its initialization or launch point. Moreover, the UAV will not require current reported altimeter setting 

of a station along the sUAS’s flight path because the sUAS will be flown within a horizontal range of 1000 feet

or less to maintain VLOS. Lastly, if the altimeter displays a discrepancy in the AGL of more than +/- 3.5 meters 

the flight will be canceled.

14 CFR § 91.151 (a) (1) - Fuel Requirements for Flight in VFR Conditions

The sUAS flown by John O'Sullivan has a short flight time, 13-15 minutes maximum per flight and will be 

operated well below the 400 foot AGL ceiling under controlled conditions as defined by the O’Sullivan 

Studios sUAS Standard Operating Procedures Manual. The sUAS will be flown up to the maximum of 15 

minutes or until 20 percent of battery life remains, whichever comes first. Dji Phantom Quadcopters have a 

built-in safety feature that is achieved through battery monitoring. The aircraft system is built to alert the PIC of 

low battery life and will automatically return the unit to its takeoff location before battery capacity is depleted. 

The FAA has previously issued exemptions for fuel requirements in VFR conditions. Previous exemption 

numbers include 10808, 5745, 2689F, & 10673. Given the small size and operational purposes of the sUAS, it 

does not bear the same risks associated with this section's requirements.

14 C.F.R. § 91.203 (a) & (b) - Carrying Civil Aircraft Certification and Registration

O’Sullivan Studios seeks an exemption from 91.203 (a) & (b) because there is no ability or place to carry 

certification and registration documents or to display them on the sUAS. In addition, there is no pilot on board 

the aircraft.

An equivalent level of safety will be achieved by keeping any required certifications and or special flight 

authorization documentation with the PIC.

14 CFR § 91.405 (a) - Maintenance Required

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore, these sections will not 

apply. Maintenance, preventative maintenance, rebuilding and alteration will be accomplished pursuant to the 

manufacturer's recommendations and the, “sUAS Standard Operating Procedures Manual” developed by 

O’Sullivan Studios. The sUAS shall be free of mechanical issues and discrepancies prior to flight. If mechanical 

issues arise, the flight will be terminated immediately. This standard exceeds that of a manned aircraft, which

allows possible flight despite minor discrepancies that do not impair safety.

John O'Sullivan, along with guidance from the manufacturer, shall be the most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The O’Sullivan 

Studios sUAS Standard Operating Procedures Manual outlines how to log flights and maintenance information. 

An equivalent level of safety will be achieved because John O'Sullivan operates its sUAS far below its 

maximum height of 400 feet AGL, in controlled areas. In addition, the UAV will not carry any 

significant payload besides a Gopro camera and if a mechanical issue occurs the sUAS can land immediately.

14 CFR § 91.407 (a) (1) - Maintenance, Preventive Maintenance, Rebuilding, or Alteration

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore, these sections will not 

apply. In the absence of regulatory provisions dealing with sUAS operations, maintenance, preventive 

maintenance, rebuilding and alteration, John O'Sullivan has developed operational standards to address this 

topic. John O’Sullivan will perform maintenance pursuant to the manufacturer's recommendations and its own 

operational standards. Maintenance, preventive maintenance, rebuilding and alteration will be successfully 

accomplished John O’Sullivan or by trained personnel. John O’Sullivan's sUAS will be discrepancy-free prior to 

initiating flight and will be grounded if mechanical issues are discovered while in flight. John O'Sullivan will 

consult the manufacturer regarding any discrepancies or damages to the sUAS.

John O'Sullivan shall be the most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. Furthermore, John O’Sullivan's sUAS will fly below the 400 

feet AGL, which will add an equivalent level of safety. Maintenance schedules and logs will be documented 

by John O’Sullivan.

14 CFR § 91.409 (a) (1) and (2) - Inspections

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore, these sections will not 

apply. In the absence of regulatory recommendations, John O'Sullivan has developed operation standards to 

address this topic. Pre-flight and post-flight inspections will be accomplished by John O'Sullivan pursuant to the 
manufacturer's recommendations and the O’Sullivan Studios sUAS Standard Operating Procedures 

Manual. John O’Sullivan's sUAS will be flown free of discrepancies and if mechanical issues arise during flight, 

the sUAS will be grounded immediately. Flights will be executed under 400 feet AGL and logged according to 

the O’Sullivan Studios sUAS Standard Operating Procedures Manual.

14 CFR § 91.417 (a) and (b) - Maintenance Records

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore, these sections will not 

apply. In the absence of regulatory recommendations, John O'Sullivan has developed operation standards to 

address this topic. The O’Sullivan Studios sUAS “Standard Operating Procedures Manual” will detail how to log 

scheduled maintenance or flights that are performed. Maintenance will be accomplished by John O'Sullivan 

and/or by trained personnel pursuant to the manufacturer's recommendations and O’Sullivan Studios 

operational standards. The sUAS will be free of discrepancies prior to initiating flight. If mechanical issues arise 

during flight of the sUAS, the PIC will land the unit safely. John O’Sullivan shall be the most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

CONCLUSION

As set forth herein, John O'Sullivan 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 

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States.

If there are any areas that have not been addressed, please contact me for supplemental information.

Sincerely, 

John O’Sullivan

413 West 48th Street Apt 1R

Manhattan, NY, 10036

John@osullivanstudios.com

212-365-8415
sUAS Technical Specifications

DJI Phantom 2

Weight (Battery & Propellers Included) 1000g

Hover Accuracy (Ready To Fly) Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent: 6m/s; Descent Speed: 2m/s

Max Flight Speed (Without Gimbal and Gopro) 5m/s

Diagonal Length 350mm

Flight Time (Without Gimbal and Gopro) 25mins

Take-Off Weight ≤1300g

Operating Temperature -10°C ~ 50°C

Phantom Battery

Type 3S LiPo

Capacity 5200mAh, 11.1V

Charging Environment Range 0°C to 40°C

Discharging Environment Range -20cto 50°C

2.4GHz Remote Control

Operating Frequency 2.4GHz ISM

Communication Distance (Open Area) 1000m

Receiver Sensitivity (1%PER) -97dBm

Working Current/Voltage 120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity 3.7V, 2000mAh

Zenmuse H3-3D

Gimbal Operating Current Static current: 400mA (@12V) Dynamic current: 600mA (@12V)

Gimbal Input Power 3S~6S (12V ~ 26V)

Operating Temperature -10°C ~ 50°C

Gimbal Weight 168g (camera excluded)

Gimbal Dimensions (With Damping Unit) 97mm X 95mm X 73mm

GCU Weight 22g

GCU Dimensions 42 mm X 32 mm X 9.3 mm

Regulatory Approvals FCC (USA): Yes; CE (EU): Yes; RoHS (EU): Yes

FCC Compliant 5.8GHz 7-Channel Cased A/V Transmitter

Frequency: 5.8GHz RF band.

Channels: Seven (5740, 5760, 5780, 5800, 5820, 5840, 5860 MHz).

RF Field Strength: Approximately 90dBuV/m @ 3m (<1mW RF Power).

Operating Distance: 100 meters in ideal line-of-sight environments.

Video Input: Composite NTSC / PAL, 75 ohms.

Audio Sub-carrier: 6.0 / 6.5 MHz.

Audio Input: 1V Line Level, >10K ohms.

Antenna: Circular Polarized Omni, not detachable.

Antenna Connector: None.

Operating Voltage: 6 - 17 VDC.

5VDC Accessory Power Output (250mA Maximum).

Typical current: 8V@80mA / 12V@60mA (transmitter only).

External Power Filter: 2S, 3S, and 4S LiPO battery compatible.

Weight: 1 ounce (27 grams) with antenna, cables, and filter.

Case Size: 1.5 x 1.0 x 0.6 inches (38 x 25 x 15 mm).

Overall Length: 3.3 inches (includes antenna).

FCC ID: 2ABYQFSV2461

Made in China by FatShark RC Vision Systems.

Black Pearl Diversity Monitor

The technical specs are available on page 9 of the manual "FPV-Black-Pearl-Monitor.pdf”
Terms and Abbreviations

AGL - Above Ground Level - An altitude measured with respect to the underlying ground surface.

Aircraft - Any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, United States Code 

(49 USC) § 40102).

AMA - Academy of Model Aeronautics - A US based, non-profit organization dedicated to the promotion of 

model aviation as a recognized sport as well as a recreational activity. It is the largest organization of its kind 

with a current membership of more than 140,000 members.

Anemometer - An instrument to measure the velocity of the wind in the Area of Operations.

AO - Air Traffic Organization

AOI - Area of Interest

Area of Operations - Defined as the area where sUAS operations will be carried out for a specific flight or series 

of flights on a given mission.

ATC - Air Traffic Control

CFR - Code of Federal Regulations

Checklists - Procedural checklists used by the PIC to verify proper and safe procedures during all phases of 

sUAS operations.

COA - Certificate of Authorization - Exemption with a civil Certificate of Waiver or Authorization for civil aircraft 

to perform commercial operations in low-risk, controlled environments.

Designated Safety Zone - Defined and marked area of ground operations used for safe takeoffs and landings of 

the sUAS at a given Area of Operations.

FAA - Federal Aviation Administration

FAA - Modernization and Reform Act of 2012 (FMRA)

FAR - Federal Aviation Regulation

Flight Control Systems - The combination of telemetry, PIC operated controls, and on board control 

mechanisms that are employed to control the flight of the sUAS.

Frequency Analyzer - A device used to scan the Area of Operations for possible interference from radio waves.

GCS - Ground Control Station

GPS - Global Positioning System

Handheld Radio - A radio transceiver capable of communication with other Pilots or FAA personnel in the Area 

of Operations.

Return To Home - A default recovery mode the DJI Phantom goes into when communications are lost from the 

PIC.

LOL - Loss of Link

Maintenance Recommendations - Periodic maintenance recommendations for each of the sUAS components 

that have a usable life.

Manual - This flight manual that combines the Operator specific procedures with the sUAS manufacturers' 
manual.

Manufacturers Recommendations - Written recommendations provided by the manufacturers of the various 

components of the sUAS.

NAS - National Airspace System - The common network of U.S. airspace; air navigation facilities, equipment 

and services, airports or landing areas; aeronautical charts, information and services; rules, regulations and 

procedures, technical information, and manpower and material

Non-Participants - Persons who have not agreed to participate in sUAS operations.

NOTAM or NoTAM - A Notice to Airmen - A notice filed with an aviation authority to alert aircraft pilots of 

potential hazards along a flight route or at a location that could affect the safety of the flight.

Operational Control - With respect to a flight, this means the exercise of authority over initiating, conducting or 

terminating a flight (14 CFR § 1.1).

Operator - The entity submitting as the applicant on this waiver request to the FAA who will be responsible for 

all sUAS operations and procedures.

Participants - Persons who have agreed to participate in sUAS operations

PIC - Pilot In Command - Person who will fly the UA during sUAS operations and who is responsible for all 

safety related or operational decisions under the direction of the Operator in accordance with this Manual and 

FAA requirements.

SO - Safety Observer

SOP - Standard Operating Procedures

sUAS - Small Unmanned Aircraft Systems as contemplated under the FAA guidelines, not to exceed 55 pounds 

in weight or 100 miles per hour in speed.

Telemetry - Electronically transmitted data that provides control and information transmissions to and from the 

PIC and the sUAS.

The FAA's sUAS Integration Office (AFS-80) - The Agency's single point of contact for everything sUAS. It was 

established in 2013 with a vision for safe, timely, and efficient integration of sUAS into the National Airspace 

System (NAS). The sUAS Integration Office collaboratively develops operating concepts, policies, 

requirements, criteria, and procedures for new system evaluations, integration, and implementation of emerging 

sUAS technologies.

UA - Unmanned aircraft - Any aircraft that is operated without the possibility of direct human intervention from 

within or on the aircraft (P.L. 112-95, Section 331).

UAS - Unmanned Aircraft System - An unmanned aircraft and associated elements, including communication 

links and the components that control the unmanned aircraft, that are required for the pilot in command to 

operate safely and efficiently in the national airspace system (P.L. 112-95, Section 331).

VFR - Visual Flight Rules - A set of regulations under which a pilot operates an aircraft in weather conditions 

generally clear enough to allow the pilot to see where the aircraft is going.

VLOS - Visual Line of Sight - Unaided (corrective lenses and/or sunglasses excepted) visual contact between a 

pilot in command and an unmanned aircraft sufficient to maintain safe operational control of the aircraft, know 

its location, and be able to scan the airspace in which it is operating to see and avoid other air traffic or objects 

aloft or on the ground.

VMC - Visual Flight Rules Meteorological Conditions - Conditions in which pilots have sufficient visibility to fly 

the aircraft maintaining visual separation from terrain and other aircraft.
VMC - Visual Meteorological Conditions - An aviation flight category in which visual flight rules (VFR) flight is 

permitted—that is, conditions in which pilots have sufficient visibility to fly the aircraft maintaining visual 

separation from terrain and other aircraft.

VO - Visual Observer - An individual who is designated to observe flight operations and to maintain visual 

contact with the UA during flight operations while maintaining communications and coordination with the PIC.

VTOL - Vertical Takeoff and Landing