September 01, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Dalton Mize for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Dalton Mize hereby applies for an exemption from the Federal Aviation 

Regulations identified below to allow for the commercial operation of the DJI PHANTOM 2, 

DJI PHANTOM 3 (“the PHANTOM”), the INSPIRE I (“the INSPIRE”), and DJI MATRICE 

100 (“The MATRICE”) all of which are manufactured by DJI Innovations 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Dalton Mize requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).
II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft 

systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a 

hazard to users of the national airspace system (NAS) or the public or pose a threat to national 

security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or 

how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF DALTON MIZE AND ITS SERVICES

Dalton Mize seeks to utilize UAV's in order to provide aerial imaging, photography, videography 

and cinematography. Dalton Mize focuses on the real estate, golf course, event planning, 

tourism, media and surveying vertical markets. Currently, Dalton Mize operations focus on the 

DJI product lines with particular focus on the DJI Phantom 3. 

The contact information for the petitioner, Dalton Mize, is as follows:

Dalton Mize

IV. DESCRIPTION OF PROPOSED OPERATIONS

Dalton Mize is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to perform aerial videography and photography for 

film and TV productions. Specifically, corporate, education, nonprofit, surveying, real estate etc.

A. The Aircraft

Dalton Mize will operate the DJI PHANTOM 2, PHANTOM 3 (the “PHANTOM”), the DJI

INSPIRE 1 (the “INSPIRE”) or the DJI MATRICE 100 (“The MATRICE”) manufactured by 

DJI Innovations. The PHANTOM is a battery operated quadcopter with a maximum flight time 

of 25 minutes. The vehicle weighs approximately 2.75 pounds with a maximum takeoff weight 

of approximately 2.75 pounds. It has fixed landing gear, vibration dampers, small frame air 

incline and minimalized gimbal mount, which allows for a 110 degree of view from the camera. 
Although the vehicle’s ground speed has a maximum of 25 mph, it will be operated between 2 

and 5 miles per hour, and it will operate at or below 400 feet AGL. 

The INSPIRE is a battery operated quadcopter with a maximum flight time of 18 minutes. The 

vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5

pounds. It has retractable landing gear, vibration dampers, small frame air incline and 

minimalized gimbal mount which allows for a 94 degrees of view from the camera. Although 

the vehicle’s ground speed has a maximum of 49 mph, it will be operated between 2 and 5 miles 

per hour, and it will operate at or below 400 feet AGL. 

The MATRICE is a battery operated quadcopter with a maximum flight time of 18 minutes. The 

vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5 

pounds. 

The DJI MATRICE is a fully customizable and programmable flight platform. It is equipped 

with DJI’s easy-to-fly technology and optimized for easy programming through the DJI SDK. 

The MATRICE has guidance which is a revolutionary visual sensing system. With a powerful 

processing core, integrated visual cameras, ultrasonic sensors, and the most advanced computer 

vision algorithms in the world. Guidance includes five sensor modules and one central processor. 

Guidance continuously scans the nearby environment and detects obstacles in real time. When 

used with a DJI flight controller, it can tell your flight system to automatically avoid collision, 

even at high speeds. Guidance’s vision positioning system is effective at altitudes of up to 65 

feet (20 meters). DJI’s new N1 flight controller keeps the MATRICE stable and responsive.

The MATRICE has an upgraded version of the respected DJI E800 electric propulsion system. 

Four powerful, brushless motors and four lightning fast Electronic Speed Controllers are 

integrated into the platform, providing complete control during flight. The MATRICE has an 

enhanced GPS with a foldable mount helps track the MATRICE’s position in real time, while 

enabling faster satellite acquisition, more accurate position holding and flight planning.

The PHANTOM’s, INPIRE’s and MATRICE’s manufacturer’s specifications are shown in the 

Appendix of the Quick Start Guide and the USER Manuals for each airframe. 

The UAV/UAS/UA which Dalton Mize, Petitioner, will be operating is the DJI Phantom 2, 

Phantom 3, Inspire 1, and/or Matrice 100. The inherent safety features, sophistication, 

programmability, GPS navigation, return home capability, airport vicinity no-fly feature and 

restricted altitude feature, as well as differentiating radio frequency (rf) for aircraft 

controller/receiver and for the camera make this a much safer UAV for the purposes of this 

petition. These are hobby grade radio controlled UAVs that has the capacity for software 

upgrades. It is light, less than 3 and 8 pounds respectively including battery and camera. 

Incorporated into the programming of the PHANTOM, INSPIRE, and MATRICE is an 

automatic return home feature that automatically directs the craft back to point of take-off should 

communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots, with 

a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross weight is 2.75 pounds. 

The Inspire has a cruising speed of 15 knots, with a maximum speed of 42 knots. Maximum 

flight time is 18 minutes. Gross weight is 7.49 pounds.
The PHANTOM, INSPIRE, and MATRICE have a communication link between the camera and 

aircraft allowing the operator or Pilot in Command (PIC) to monitor battery level, altitude 

(AGL), distance from PIC, camera imagery, and also control camera angle. The software for the 

PHANTOM, INSPIRE, and MATRICE allows the operator or PIC to set maximum altitude AGL

for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet 

AGL as examples. The 400 foot maximum AGL is by default programmed into the UAV's 

software pre-flight to insure compliance with FAA standards adding to the safety capabilities of 

this UAV. This UAV is programmed to remain in position when controls are released, 

maintaining altitude and GPS location. 

The PHANTOM, INSPIRE, and MATRICE have an altitude and radar monitoring function that 

allows the operator more precise determination of height, direction of flight and distance from 

the operator/PIC. The operator/PIC can monitor GPS lock status while the UAV is in flight, with 

the ability to anticipate loss of GPS locking so the operator/PIC can land the UAV as a 

precaution. 

Considering the programmability and safety features of these UAVs, it serves as the best option 

to protect the Public and NAS for the purposes of this petition. 

Similarities, Distinctions and Differences 

Dalton Mize is using a UAV that has the capability for taking off and landing at a single point, 

identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to 

be flown to areas being aerial video recorded or photographed. Allowing a reduced and more 

confined area of flight. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this 

petition are not complicated. Engineering and design allows layman maintenance. Pre-flight 

inspections for cracks, damage or other physical conditions that could hamper safe flight will be 

conducted prior to any and all missions. Post flight inspections will also be conducted in order to 

aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 

Thorough inspection of the UAV shall be conducted and flight response tested should a hard 

landing or crash occur insuring that the UAV can operate in a safe manner before conducting any

further missions. 

Like the Astraeus Petition Petitioner Dalton Mize requests waiver or exemption for markings due 

to the small size of the fuselage for the PHANTOM, INSPIRE, and MATRICE. 

Petitioner Dalton Mize requests modification, waiver or exemption and clarification (within 

reason) concerning section 91.119 prohibition of flight in congested areas. Petitioner Dalton 

Mize requests waiver for this condition to allow reasonable and responsible videography in 

congested areas of subdivisions and neighborhoods. 

In compliance with Section 90.151 (a) the PHANTOM, INSPIRE, and MATRICE is a battery

operated UAV/UAS with battery level monitoring capability. Fully charged battery flight time is 
rated at 25, 18, and 18 minutes respectively, with videos/photos taking much less time to record. 

Operator or PIC is warned when battery level is low. 

Petitioner Dalton Mize requests waiver/exemption from Section 91.203 (a) since the Phantom is 

a hobby grade UAV/UAS that should not require an airworthiness certificate. Posting of special 

flight authorization would not be possible since the PHANTOM, INSPIRE, and MATRICE have

no cabin and are not large enough to carry a certificate. However, a special flight authorization 

can be maintained by the operator to make available upon request.

B. Dalton Mize Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

Dalton Mize proposes to operate within the limitations and performance specifications listed in 

the USER MANUALS (see attachments), which are summarized below. These limitations 

provide for at least an equivalent, or higher, level of safety for operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

protocols.

The proposed operations do not create any hazard to users of the national airspace system or pose 

a threat to national security. The aircraft is a battery operated quadcopter with a maximum flight 

time of 18-25 minutes. The vehicle weighs approximately 2.75 – 7.50 pounds. It has vibration 

dampers and small frame air incline. The vehicle’s ground speed has a maximum of 25-49 mph 

but it will be operated between 2 and 5 miles per hour, and it will operate at or below 200 feet 

AGL. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

PHANTOM, INSPIRE, or MATRICE carries no fuel, and therefore the risk of fire following an 

incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the 

unmanned aircraft being operated by the petitioner reduces the risk to participating persons in 

close proximity to the aircraft due to the limited size, weight, operating conditions, and design 

safety features of the PHANTOM, INSPIRE, and MATRICE.

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring PHANTOM, INSPIRE, and MATRICE yield right of way to all other manned 

operations. Additionally, the operator will request a NOTAM prior to operations to alert other 

users of the NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight 

failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low 

battery RTH and failsafe RTH. The aircraft is also able to respond to a lost-link event with a precoordinated, predictable, automated flight maneuver.
2. Reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule. 

Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, Dalton Mize proposed operations 

using the PHANTOM, INSPIRE, and MATRICE would “not create a hazard to users of the 

national airspace system or the public or pose a threat to national security.” Reform Act Section 

333(b) (1).

1. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

2. Flights will be operated within visual line of sight of the pilot in command (PIC).

3. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

4. Maximum flight time for each operational flight will be approximately 15-20 

minutes.

5. The aircraft will be safely landed with no less than the greater of (a) 20% battery

life remaining or (b) three minutes of flight time remaining.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will be operated at a lateral distance of at least 50 feet from any persons or 

property not associated with the operation who have not given prior permission.

8. Flights will be limited to a groundspeed of 5-10 mph.

9. Minimum crew for each flight will consist of a PIC and an Observer.

10. The PIC will possess at least a private pilot certificate and a valid state driver’s 

license. 

11. Any designee from Dalton Mize will have completed a Basic Operator Course for 

the PHANTOM or INSPIRE. 

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

13. The flight operations will yield the right of way to other manned aircraft 

operations.

14. All persons who are not involved with flight operations will be required to stay 25 

feet from the edge of the flight operation perimeter. 

15. Dalton Mize will provide NOTAM details to the FAA 24 hours prior to each 

flight.

16. All required permissions and permits will be obtained from territory, state, county

or city jurisdictions prior to flight.

17. Prior to commencing operations, Dalton Mize will obtain a Certificate of Waiver 

or Authorization (COA) from the FAA if flying above 200 feet AGL.

18. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

19. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land.

20. The flight will be aborted in case of unpredicted obstacles or emergencies.

21. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.
3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are fully documented in the 

attached User Manuals.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Dalton Mize seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 

61, and 91 for purposes of conducting the requested operations using the PHANTOM, INSPIRE, 

and MATRICE. Listed below are (1) the specific FAR sections for which exemption is sought, 

and (2) the operating procedures and safeguards that Dalton Mize has established which will 

ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 

C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: The PHANTOM, INSPIRE, and MATRICE are safe when taking 

into account its size, weight, speed, and operational capability. The PHANTOM weighs 

approximately 2.75 pounds the INSPIRE weighs approximately 7.5 pounds and either will be 

flown at speeds of 5-10 miles per hour, and in visual line of sight of the operator. The 

PHANTOM, INSPIRE, and MATRICE do not carry pilots, passengers, explosive materials, or 

flammable liquid fuels. The PHANTOM, INSPIRE, and MATRICE will be operated within the 

parameters of the User Manuals.

Dalton Mize will also provide the FAA with advance notice of all operations via a NOTAM and 

coordination with the local Flight Standards District Office (FSDO). The proposed operations 

will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions proposed here. 

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 PHANTOM or INSPIRE would otherwise require 

certification under Part 27, Dalton Mize seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H.
C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

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.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft “have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: Dalton Mize will mark all PHANTOMs and INSPIREs with their NNumber in a prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Dalton Mize seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. The 

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in 

which the PIC will be operating, as well as requiring certifications if the pilot is carrying 

passengers or cargo for hire.

While the PHANTOM, INSPIRE, or MATRICE will be operated as part of a commercial 

operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket 

No. FAA-2014-0352, the FAA determined that the unique characteristics of UAS operation 

outside of controlled airspace did not warrant the additional cost and restrictions attendant with 

requiring the PIC to have a commercial pilot certificate and a class II medical certificate. The 

FAA has also determined that the required knowledge for a commercial pilot covers the same 

fundamental principles as a private pilot.
The PIC will possess at least a private pilot certificate, a third class medical certificate, and will 

have completed a Basic Operator Course for the PHANTOM, INSPIRE, and MATRICE. This is 

a 1-day program that includes ground school and flight training.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in PHANTOM/INSPIRE/MATRICE operations 

described above.

Furthermore, the security screening conducted by the Transportation Security Administration of 

certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a 

threat to national security.

The restrictions Dalton Mize has placed on its PHANTOM, INSPIRE, and MATRICE operations 

meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA2014-0352. Dalton Mize will operate in restricted areas (the sites) away from persons and 

property not involved in the operation. The aircraft will be flown based on VLOS at or below 

400 feet AGL, so as to accommodate flight operations on specified sites. A NOTAM will be 

issued at least 24 hours before the flight is to occur, and the flight will be coordinated with the 

applicable FSDO.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Dalton Mize seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be 

in airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, Dalton 

Mize requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 

Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

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

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b)No person may operate a U.S.-registered civil aircraft -

...

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 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 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):
(a)Except as provided in § 91.715, no person may operate a civil aircraft 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 by

paragraph (a) of this section 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.

Dalton Mize does not request an exemption from this section but instead notifies the FAA that, 

in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

flight manual, registration certificate and other documentation will be kept at the control station 

with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations. See also Grant of Exemption 

No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

Dalton Mize 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. The aircraft will not have a Flight 

Manual on board. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant 

of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the User 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The User Manuals will be kept at the ground station; with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

Dalton Mize 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 fully functioning dual controls.” UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of the A2 Flight Control System/Ground Control Station (GCS) 

that communicates with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. 

Given the size and speed of the PHANTOM, INSPIRE, and MATRICE, an equivalent level of 
safe training can still be performed without dual controls because no pilot or passengers are 

aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft 

experiences any difficulties during flight instruction. These flights will comply with the 

provisions in the User Manuals. Accordingly, Dalton Mize proposed method of operation 

provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

Dalton Mize requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. The FAA has already determined that relief from 

Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight 

restrictions as those imposed by Dalton Mize. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights 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 

PHANTOM, INSPIRE, and MATRICE, as well as the locations where it is operated. In order to 

avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. As set 

forth in the User Manuals and herein, the PHANTOM, INSPIRE, and MATRICE will be 

operated at sites, away from persons or structures not involved in the operation. All persons who 

are not involved with Dalton Mize operations will be required to be at least 25 feet from the 

flight operation perimeter. 

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. The PHANTOM, INSPIRE, and MATRICE use both 

barometric pressure sensors and GPS to determine altitude but do not have the ability to set in a 

current altimeter setting. An exemption is required to the extent that the PHANTOM, INSPIRE, 

and MATRICE do not have a barometric altimeter setting. The altitude of the aircraft is 

monitored by the PIC on the ground control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 

Exemption No. 11062, p. 20-21. As the attached User Manuals indicate, the PHANTOM or 

INSPIRE will be operated at or below 400 feet AGL and comply with the limitations in the 

Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Dalton Mize 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) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on PHANTOM, INSPIRE, and MATRICE battery power 

means that no meaningful flight operations can be conducted while still maintaining a 30 minute 

reserve. The aircraft is battery powered with a maximum flight time of between 18-25 minutes. 

Dalton Mize proposes that the maximum flight time for each operational flight will be 18-25

minutes. The aircraft will be safely landed with no less than the greater of (a) 20% battery life 

remaining or (b) three minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 

with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-

22. The User Manuals providing an equivalent level of safety by safely landing with no less than 

the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and 

otherwise complying with the flight restrictions above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

Dalton Mize seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. 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 inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the PHANTOM, INSPIRE, and MATRICE will 

not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the Manuals. This includes maintenance, 

overhaul, replacement, and inspection requirements for the aircraft and procedures to document 

and maintain maintenance records for the aircraft. This also includes preflight inspection 

procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for 

maintenance log books and record keeping as well as routine and post-flight maintenance. The 

Manuals set requirements for both annual maintenance and preventative maintenance.
VI. PUBLIC INTEREST

Granting Dalton Mize petition for exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working environments 

as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of 

allowing UAS to operate safely in the NAS before completion of the rulemaking required under 

Section 333 of the Reform Act.

Dalton Mize will operate in a manner that will ensure the public’s safety and will set the example 

for others to emulate. It is well established that UAS provide an additional tool for the 

filmmaking industry, adding a greater degree of flexibility, which supplements the current 

capabilities offered by manned aircraft.

VII. PRIVACY

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

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:

Dalton Mize seeks an exemption from the following rules in order to provide aerial imaging, 

photography, videography and cinematography for Your AO: 14 C.F.R Part 21, Subpart H; 14 

C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 

91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 

C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 

C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & 

(b).

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the hazards associated with operating UAS through deliberate planning, 

risk mitigation, and flight operations.

IX. ATTACHMENTS

Attachment 1: DJI Phantom Pilot Training Guide v1.1

Attachment 2: DJI Phantom 2 User Manual v1.4

Attachment 3: DJI Phantom 2 Quick Start Guide

Attachment 4: DJI Phantom 3 Professional User Manual v1.2

Attachment 5: DJI Phantom 3 Quick Start Guide v1.0

Attachment 6: DJI Phantom 3 Safety Guidelines Disclaimer 

Attachment 7: DJI Inspire 1 User Manual v1.2

Attachment 8: DJI Inspire 1 Quick Start Guide v1.2
Attachment 9: DJI Inspire 1 Safety Guidelines

Attachment 10: DJI Inspire 1 Maintenance Manual v1.0

Attachment 11: DJI M100 User Manual v1.0 

X. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security considerations - provides more than adequate justification for the 

grant of the requested exemptions to permit Dalton Mize to operate the PHANTOM, INSPIRE, 

and MATRICE.

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger; (2) improving the quality of services Dalton Mize can provide to its customers; and (3) 

decreasing the risks of unmanned aircraft interfering with manned aircraft

Respectfully submitted,

 By: /s/ Dalton Mize