Jason Ivory

– The Ivory Team

4697 L aurel Road Brunswick, OH 44212 330

- 304

- 6898

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
Re: Petition of 

### Jason Ivory

**– The Ivory Team**  for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Dear Gentlemen: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Jason Ivory

– The Ivory Team (“Jason Ivory”) hereby applies fo r an exemption from Federal Aviation Regulations (“FARs”) identified below, to allow commercial operations of small, unmanned aerial vehicles b y and through small, unmanned aerial sy stems (“sUAS”) for collecting residential and commercial real estate site survey data, conducting aerial videograph y and cinematograph y, mapping, and inspection operations. This exemption is requested in subject to and in conformance with those operations and protocols outlined in this Petitio n and the enclosed DJIPhantom 3 Us er Manual, which contains operational guidance and protocols (“sUAS Operator’s Manual”) and an y other requirements established by

the FAA pursuant to the FMRA. The sUAS Operator’s Manual contains confidential, trade secret and proprietary information that the Petitioner has not and will not share with others. Petitioner submits the sUAS Operator’s Manual and all information contained therein as proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The sUAS Operator’s Manual contain ope rating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. **I. Description of Petitioner** 
Jason Ivory

– The Ivory Team is a compan y specializing in professional survey s, inspections, mapping, and aerial videograph y and cinematograph y. Jason Ivory seeks to provide high quality

imaging for a variety

of commercial, public and residential uses, including: • Residential and co mmercial real est ate photography and videograph y • Promotional and marketing media • Site survey s and environmental monitoringU.S. Department of Transportation

January 20 , 2016 Page 2 • Construction, development and re al estate surveying and mapping
**II. Statutory Authority**  This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft s ys tems into the national airspace s ystem." Pursuant to Section 333 of the Ref

orm Act, the FAA Administrator is to consider whether certain unmanned aircraft s ys tems may operate safel y in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations: • The UAS's size, weight, speed, and operational capability ; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within the visual line of sight of the operator. If the Secretary

determines that such vehicles "may operate safel y in the National Airspace S ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace S ys tem". Additionally , the FAA Administrator has general authority to grant exemptions from its safet y regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq .). A party requesting an exemption must explain the reas ons wh y the exemption: (1) would benefit the public as a whole, and (2) would not adversel y affect safet y (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).
**III. Qualifications for**  **Approval Under Section 333 of the FMRA** The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations would permit the use of small and relativel y inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level of safety be yo nd that existing wh en fixed or rotor wing aircraft are used to accomplish the same purpose. Petitioner’s sUAS are rotorcraft, weighing 50 or fewer pounds including payload. They operate, under normal conditions, at low speed and have the capability to hover, and move in the vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only operate within those areas described in the enclosed sUAS Operator’s Manual. Given the small size of the sUASs involved and the restricted environment within wh ich they will operate, this petition exemption falls within the zone of safet y i.e., an equivalent levelU.S. Department of Transportation

January 20 , 2016 Page 3 of safet y, in which Congress desired the FAA to permit commercial UAS operations b y exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and the restricted area in which the sUASs will operate, approval of the application presents no national securit y issue. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safet y surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest. Accordingl y, Petitioner respectfull y requests the FAA grant the r equested exemption without delay

. **IV. Proposed Operations**  The enclosed Manual describes, in detail, the policies and procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, be low is a summary of operational limitations and conditions, which will ensure an equivalent or higher level of safet y to operations conducted under current regulatory guidelines:
1. The sUAS will weigh less than 50 pounds. 2. Flights will be operated within line of sight of the Operator. 3. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power of no less than 25%. 4. Flights will be operated at an altitude of no more than 4 00 feet above ground level ("AGL"). 5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation. 6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operator"). The Operator will be an FAA licensed pilot. 7. The sUAS will operate only within a confined area as described in the sUAS Operator’s Manual. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day 's missions. It will be mandatory that all personnel who will beU.S. Department of Transportation

January 20 , 2016 Page 4 performing duties within the boundaries o f the safety perimeter be present for this briefing. 9. The Operator will have been trained in operations of sUAS generally and received up

- to

- date information on the particular sUAS to be operated as required in the sUAS Operator’s Manual. 10. Written and/or oral permission from the relevant propert y holders will be obtained. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governm ental agencies. 12. If the sUAS loses transmission signal, the sUAS will have the capability to return to a pre

- determined location and land. 13. Contingency

plans will be in place to safely terminate flight if there is a loss of transmitter communicatio ns or a loss of GPS signal. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
**V. Regulations From Which Exemption is Requested**  The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authorit y, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including sUASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting Aerial Videography , Cinematography , Survey s and Inspections and Mapping using sUASs. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.
**A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthiness Certificates and 14 C.F.R.**  **§ 91.203(a) and (b)** Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness and registration certificates as required b y 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilizedU.S. Department of Transportation

January 20 , 2016 Page 5 by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent level of safet y under Part 11 and Sect ion 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS. In all cases, an anal ys is of these criteria demonstrates that the sUAS operated without an airworthiness or registration certificate, in the restricted environment and under the conditio ns proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate without restrictions and conditions of the proposed sUAS operations. Equivalent Level of Safety The sUAS to be o perated hereund er, DJ I Phantom 3 multi

- rotor rotorcraft, weighs less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and sterile area. Unlike other civ il aircraft, the proposed operations will be controlled and monitored by

the Operator pursuant to the Flight Operations Manual’s requirements. These safet y enhancements, which alread y appl y to civil aircraft operated in connection with existing aerial vid eograph y operations, provide a greater degree of safet y to the Petitioner's emplo yees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, appl ication of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft** 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H. **C. 14 CFR § 61.113: Private Pilot Privileges And Limitations** Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from fl yi ng aircraft for compensation or hire, and which would also have the effect of requiring a second

- class medical certificate.U.S. Department of Transportation

January 20 , 2016 Page 6 Equival ent Level of Safety In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that an Operator with a private pilot certificate operating the Astraeus UAS would not adversel y affect operations in the NAS or present a hazard to pers ons or propert y on the ground. Additionally, as previously determined b y the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 333. The ae rial videograph y and cinematograph y conducted by Jason Ivory occur in areas where access to the public is limited and controlled. The operation will have no substantial impact on an y third persons not involved in the productions.
Because Jason Ivory will operate in controlled areas, the sUAS will be flown based on visual li ne - of

- sight at altitudes below 4 00' AGL. Accordingl y, Jason Ivory

– The Ivory Team request that this exemption be granted without requiring the Operator to have an FAA pilot’s lice nse or the requirement of a visual observer. **D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements**  Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that: No person may

operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter. Equivalent Level of Safety The equivalent level of safet y for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuselage as required by § 45.29(f). The FAA has previously

issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A. **E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft**  Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) No person may

operate a U.S.

- registered civil aircraft

–

...U.S. Department of Transportation

January 20 , 2016 Page 7 (2) For which an Airplane or Rotorcraft Flight Manual is not requi red b y § 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings and placards, or an y combination thereof. Given its phy sical dimensions, configuration and load capacit y, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity

to carry such an item on the aircraft. Equivalent Level of Safety The safet y related purpose of this manual requirement can be equall y satisfied by maintaining the sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly , Petitioner requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 1016 7A, 10602, 32827, and 10700. **F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness** Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworth y condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Equivalent Level of Safety The DJ I Phantom 3 has a stellar safet y record, demonstrating that the sUAS is airworth y. Further, given the size of the sUAS and the requirements contained in the sUAS Operator’s Manual for maintenance and pre

- flight safet y check lists, an equivalent level of safety

will be provided. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **G. 14 C.F.R. § 91.103: Preflight Action** Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

- approved flight manual on board the aircraft. While the Operator will be familiar with all information necessary to safel y conduct the flight, an exemptionU.S. Department of Transportation

January 20 , 2016 Page 8 is requested to the extent that an FAA

- approved flight manual is required on board the aircraft. Equivalent Level of Safety Following the sUAS Operator’s Manual will provide an equivalent level of safet y. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and aircraft performance data

- before initiation of flight. The sUAS Operator’s Manual will be kept at the ground station with the operator at all times.
**H. 14 C.F.R. § 91.109(a): Flight Instruction**  Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls." sUASs and remotely piloted aircraft, by

their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radio communications. Equiva lent Level of Safety Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for fli ght instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A. **I. 14 C.F.R. § 91.119: Minimum Safe Altitudes** Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescrib es the minimum safe altitudes under which aircr aft may

not operate, including 4 00 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specificall y prescribed for helicopters by the FAA." To provide the intended aerial video operations, the sUAS is normally operated below 4 00 feet AGL. Additionally , due the nature of the proposed operations, the sUAS will maintain a safe lateral and vertical distance from inhabited structures, buildings,U.S. Department of Transportation

January 20 , 2016 Page 9 vehicles, and vessels, and from people not associated with the operation. Equivalent Level of Safety Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operate d. As set forth in the sUAS Operator’s Manual, the sUAS will be operated in a confined area, where buildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the propert y owners and participants, all affected individuals will be well aware of the planned flight operations as set forth in the sUAS Operator’s Manual. Furthermore, b y operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally , the successful safet y record of the DJ I Phantom models demonstrate that the sUAS can be safel y used at these lower altitudes and closer operating environments. **J. 14 C.F.R. § 91.121: Altimeter Settings** This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. Equivalent Level of Safety An equivalent level of safety will be achieved by

following the procedures set forth in the sUAS Operator’s Manual. As prescribed in the sUAS Operator’s Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. **K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91 .151 states: (a) No person may

begin 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) Durin g the day , to fly after that for at least 30 minutes; orU.S. Department of Transportation

January 20 , 2016 Page 10
(2) At night, to fl y after that for at least 45 minutes. Here, the battery

powering the DJ I Phantom 3 provides approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safet y margin based on a reserve amount of battery life is need ed. Petitioner will not be conducting an y sUAS flights at night.
E quivalent Level of Safety An equivalent level of safety will be achieved because the operations will be conducted on

- site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safel y to the ground and its planned landing zone from any where in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the ty

pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, and 10808. **L. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration**  Petitioner seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircra ft unless it has within it the following: (1) An appropriate and current airworthiness certificate... (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under § 91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity

and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could beU.S. Department of Transportation

January 20 , 2016 Page 11 display ed; and (3) there are no passengers or crew for whom the certificates need to be display ed. Equivalent Level of Safe ty To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safet y will be achieved b y keeping these documents at the ground control point where the Operator will have immediate access to them. The FAA has is sued numerous exemptions to this regulation, including: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections**  Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 4 3. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required ions ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only appl y to aircraft with an airworthiness certificate, which the sUAS will not have. Equivalent Level of Safety An equivalent level of safety will be achiev ed because maintenance and inspections will be performed in accordance with the sUAS Operator’s Manual and the Manufacturer’s Manual. As provided in the sUAS Operator’s Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y m aintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safet y. If mechanical issues arise, the sUAS's size and carrying capacit y, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcr aft performing the same operation. **VI. Public Interest** Granting Jason Ivory 's exemption request furthers the public interest. National policy set by Congress favors early

integration of UAS into the national airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining worksite safet y has been a priority of state and local governments for decades.U.S. Department of Transportation

January 20 , 2016 Page 12
Conducting aerial videograph y with the sUAS, instead of manned aircraft, will greatly benefit the public by

drastically

reducing the levels of air and noise pollution generated during traditional aerial video production flight operations. By using battery

power and electric motors, the sUAS produces no air pollution, and is the most viable environment ally conscious alternative to piston or turbine powered rotorcraft. The sUAS, while reducing the carbon footprint of aerial video productions, also eliminates noise pollution as its battery

- powered electric motors are barel y audible during the takeoff phas e, and cannot be heard when operating more than 100 feet above ground level. By using the sUAS to perform aerial videography, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircr aft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of aircrew members located onboard the aircraft, the minimal size and weight of a sUAS creates less phy sical potential for collateral damage to life and prop ert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct aerial videograph y. In addition, granting the exception will help advance the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similar aerial videography operations. The UAS in question is very light weight and does not carry an y flammable fuel, further reducing the risk from an y potential accident. **VII. Privacy** All of the proposed flights and videograph y will be only be conducted after obtaining any individual subject matter’s permission. All flights will occur over public right

- of

- way or private property

with the propert y owner's prior consent and knowledge. The proposed operations will not impact privacy concerns beyond those alread y implicated by m anned aircraft aerial videography operations. **VIII. Federal Registry Summary** Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:
Jason Ivory

– The Ivory Team seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct aerial videograph y and cinem atography operations willU.S. Department of Transportation

January 20 , 2016 Page 13 enhance safety

by reducing risk to Jason Ivory ’s employ ees, the general public and propert y owners. The DJ I sUAS, weighing less than 55 pounds, with payload, and powered by batteries, eliminates virtually

all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not flown from an external location to the worksite. The sUAS will carry no passengers or crew and, therefore, will not expo se them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safet y, supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of P art 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than conventional aerial videograph y and cinematograph y operations conducted wi th fixed wing aircraft or helicopters.
**IX. Conclusion** 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 o f sight and national security

— provides more than adequate justification for the grant of the requested exemptions to permit Jason Ivory

– The Ivory Team to operate sUASs in support of its aerial videograph y and cinematograph y production operations in accordance with the sUAS Operator’s Manual appended hereto. Granting the requested exemption will benefit the public interest as a whole in many way s, including (1) significantly improving safet y and reducing risk by alleviating human exposure to danger, (2) i mproving aerial videography operations and decreasing operating costs, and (3) providing an environmentally conscientious way

of producing aerial videograph y and cinematograph y operations.

Sincerel y,

Jason A. IvoryU.S. Department of Transportation

January 20 , 2016 Page 14

Encl:

- DJI Phantom 3 User Manual