Department of Transportation

Docket Management System

West Building Ground Floor, Room W12

- 140

1200 New Jersey Ave

Washington, DC 20590



## Request for Exemption s 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, here by petitions the A dministrator 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), § 91.1 21, § 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 th at 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 obst acle course race events in and aroun d 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 i s only capable of vertical take

- off and landing. This UAS weighs lessthan 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 simult aneously. 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 on ly within a bounded commercially leased area where racers, spectators, and staff are permitted. All racers, spectators and staff are informed of and consent to d rone 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 su bmitted 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) befor e 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 sec urity 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 A ct 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 hav e 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 bec ause 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.3. Maximum total flight tim e 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 t he operator will give right of way to avoid flying in the proximity of full

- scale aircraft.
5. Flights will be operated at an altit ude of no more than 200 feet above ground level (AGL)

. 6. Minimum crew for each operation will consist of the UAS Pilot, the Visu al 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 withi n 100 feet of the UAS operation. The UAS Pilot will ensure that operation of the UAS will no t 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 pe rmission 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 governme ntal 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 unpr edicted obstacles or emergencies.
15. The UAS will o perate 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, Subpa

rt 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 e xempt 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 de monstrates 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
airworthine ss certificate without the restrictions and conditions proposed.

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

, Spartan Race ’ s op eration of DJI Phantom 2 meets the conditions of FMRA Section 333 and t herefore, 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 us e experienced personnel or technicians asneeded 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 req uests 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.

Reques t 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 re lief 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) t he flight is only incidental to that b usiness or employment; and (2) t he 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 Sp artan 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 AG L 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 visu al 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 r elief 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 pursua nt 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.

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

str ucture. 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.
The refore 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 pres ent 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 the se events will help educate the public regarding health and wellness, and educate and entertain the public r egarding 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 tha t 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.

Giv en 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 safe ty, 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 exemption s without delay.

Respectfully submitted,

Jeffrey Connor, Chief Operating Officer