Department of Transportation

Docket Management System 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave

Washington, DC 20590

Request for Exemptions under Section 333 of the FAA Reform Act

Petitioner, Spartan Race, Inc. (Spartan Race), pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. §11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to permit 

it to commercially operate the DJI Phantom 2, in the National Airspace System (NAS), and for an 

exemption from the requirements of the following sections under 14 C.F.R: §§61.113(a) & (b), §45.23(b), 

§91.7(a), §91.121, §91.151(b), §91.405(a), §91.407(a)(1), §§91.409(a)(1) & (a)(2), §§91.417(a) & (b) and 

§91.119(c). 

Name and Address of the Petitioner

Spartan Race, Inc. 

234 Congress St, 5th Floor

Boston, MA 02116

Attention: Darren Braham, Assistant General Counsel

Preface

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1). 

Spartan Race operates, markets and promotes obstacle course race events in and around the United States. 

Spartan Race proposes to use one unmanned aircraft system (UAS); 1) DJI PHANTOM 2, for commercial 

photography, videography, and course inspections. This aircraft has four rotors and four motors in a 

quadcopter configuration (X4). It is only capable of vertical take-off and landing. This UAS weighs less 

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than 55 lbs. including payload. Can fly, under normal conditions at a speed of no more than 30 knots and 

has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is 

equipped with GPS and an auto-return function to a predetermined safe landing area as well as allowing 

reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only in line of 

sight and will operate only within a bounded commercially leased area where racers, spectators, and staff 

are permitted. All racers, spectators and staff are informed of and consent to drone operations as part of 

the requirements of admission to the bounded area. Non-participating members of the public are excluded 

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

national airspace system or the public.” (Reform Act Section 333 (b)). 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rule making required under Section 333 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

• 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 visual line of sight of the operator. 

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 

14 CFR §91.203 (a) (1).

Relief Requested

Enhanced Safety Protocol in Support of Granting the Requested Relief

In support of its request for exemption to certain regulations, Spartan Race agrees to follow additional 

safety limitations while operating the DJI Phantom 2. These limitations provide for a higher level of 

safety under the current regulatory structure because the proposed limitations represent a safety 

enhancement to the already safe aerial inspections, photography and videography operations conducted 

with conventional aircraft. These limitations and conditions to which Spartan Race agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

1. The UAS with attached camera and supporting hardware will weigh less than 55 lbs. 

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

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3. Maximum total flight time for each operational flight will be 60 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 60 minute limit. 

4. If the bounded area is within 5 miles of an airport, airport operators will be notified and the 

operator will give right of way to avoid flying in the proximity of full-scale aircraft. 

5. Flights will be operated at an altitude of no more than 200 feet above ground level (AGL). 

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and or 

Camera Operator. 

7. Additional camera will be filming UAS in flight at applicable times

8. The UAS will only operate within a confined bounded area with a set safety perimeter, the 

boundaries of which will be determined by the UAS PIC based on the site-specific activities and 

speed of the UAS required for the operation. 

9. The UAS Pilot will ensure that only consenting participants will be allowed within 100 feet of the 

UAS operation. The UAS Pilot will ensure that operation of the UAS will not come within 500 

feet of non-consenting members of the public by virtue of the public’s exclusion from the 

bounded area. 

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio 

communication system. 

11. Written and/or oral permission from the relevant property holders will be obtained. 

12. If applicable, all required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcements, fire, or other appropriate governmental 

agencies. 

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

return to a predetermined location within the Security Perimeter and land safely. 

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

15. The UAS will operate at speeds no more than 30 knots, can hover, and can simultaneously move 

horizontally and vertically. 

Requested Exemptions on the Basis No Airworthiness Certificate is Required

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited 

operating area associated with the aircraft to be utilized by Spartan Race, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

In consideration of the speed, weight, size, and restricted operation of the UAS to the bounded area, 

Spartan Race’s operation of DJI Phantom 2 meets the conditions of FMRA Section 333 and therefore, 

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Spartan Race requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft 

with an airworthiness certificate. Spartan Race submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Spartan Race will use experienced personnel or technicians as 

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needed to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating manual for the DJI Phantom 2. Additionally, Spartan 

Race requests exemption from 91.7(a) to the extent required to allow Spartan Race to determine that the 

DJI Phantom 2 is in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating manual for the DJI Phantom 2. 

Request for Exemption from 14 C.F.R. §61.113(a) and (b)

Spartan Race requests exemption from 14 C.F.R. §61.113(a) and (b) to the extent necessary to allow a 

PIC meet all requirements as described in the DJI Phantom 2 owner’s manual to conduct the proposed 

UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot 

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: 

(1) the flight is only incidental to that business or employment; and (2) the aircraft does not carry 

passengers or property for compensation or hire. 

As set forth more fully below, Spartan Race submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC has demonstrated that 

the PIC is able to safely operate either the DJI Phantom 2 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, as well as 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, Spartan Race submits that all flights of the DJI Phantom 2 UAS, conducted by the PIC pursuant 

to the grant of this Petition: (1) will be incidental to Spartan Race’s business; and (2) will not carry 

passengers or property for compensation or hire.

Request for Exemption from 14 C.F.R. §91.121

Spartan Race requests relief from 14 C.F.R. §91.121. The UAS is equipped with an altimeter that relays 

its height AGL to the PIC continuously. Since the UAS will not operate above 200 feet AGL, it will not 

need to maintain a designated cruising altitude to avoid conflict with other aircraft. Therefore, Spartan 

Race requests that it not be made to comply with section 91.121 when operating the DJI Phantom 2 UAS. 

Request for Exemption from 14 C.F.R. §91.151(b)

Spartan Race requests relief from 14 C.F.R. §91.151(b) to the extent required to allow flights of the 

battery powered DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 60 minutes to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 5 minutes. Spartan Race seeks the 

requested relief because without an exemption from §91.151(b), the flight time duration of the battery 

powered DJI Phantom 2 UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that Spartan Race proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS, the DJI Phantom 

2 operating manual, and Spartan Race’s proposed operating limitations, ensure that Spartan Race will 

safely operate the battery powered DJI Phantom 2 during daylight hours in VMC, under VFR, with 

enough battery power to fly for a total duration of 60 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Request for Exemption from 14 C.F.R. §45.23(b)

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Spartan Race requests an exemption to 14 C.F.R. §45.23(b). Applicable codes of Federal Regulation 

require aircraft to be marked according to certain specifications. UASs are, by definition, unmanned. 

They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. 

Further, two inch lettering is difficult to place on such small aircraft. Therefore, Spartan Race requests a 

complete exemption from complying with this section. 

Request for Exemption from 14 C.F.R. §91.119(c)

Spartan Race requests an exemption to 14 C.F.R. §91.119(c). This regulation requires that that over 

sparsely populated areas, an aircraft cannot be operated closer than 500 feet to any person, vehicle, or 

structure. Since the typical purpose of the UAS would be to photograph and film participants in Spartan 

Race events it would be necessary to operate the UAS closer than 500 feet to people, vehicles, and 

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

and careful pre-planning has been performed. The aircraft will be operated at a low altitude allowing, if a 

power unit fails, an emergency landing without undue hazard to persons or property on the surface. 

Therefore Spartan Race maintains that, due to the small size of the UAS, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft and the exemption should be granted. 

Granting the Requested Relief is Appropriate

Granting the present Petition will further the public interest by allowing Spartan Race to safely, 

efficiently, and economically perform aerial video and photography of Spartan Race events held at 

various sites in the United States. The media captured by the UAS during these events will help educate 

the public regarding health and wellness, and educate and entertain the public regarding the sport of 

obstacle course racing.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the Reform Act. Given the small size of the UAS involved and the restricted bounded areas 

within which it will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAS to commence immediately. Also due to the size of the UAS and the restricted areas in which the 

relevant UAS will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and 

the significant public benefit, including enhanced safety, reduction in environmental impacts, including 

reduced emissions associated with allowing UAS for movie and television operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the

FAA grant the requested exemptions without delay.

Respectfully submitted,

Jeffrey Connor, Chief Operating Officer

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