December 29, 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20590

RE: IRON CITY FLIGHT, LLC REQUESTS AN EXEMPTION FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF 3DR X8 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Charles Borchini Jr.

Owner

Iron City Flight, LLC

1643 Suburban Ave.

Fl. 1

Pittsburgh, PA 15216

Home: (412) 451-8588

Cell: (410) 317-7434

E-mail: charles@borchini.com

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TABLE OF CONTENTS 

Page

GLOSSARY OF ABBREVIATIONS.................................................................................3 

SUMMARY.........................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER................................................. 4 

BACKGROUND................................................................................................................. 4 

BASIS FOR PETITION...................................................................................................... 5 

NAME AND ADDRESS OF PETITIONER...................................................................... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH IRON CITY FLIGHT, LLC SEEKS 

EXEMPTION...................................................................................................................... 7

THE EXTENT OF RELIEF IRON CITY FLIGHT, LLC SEEKS AND THE REASON IRON CITY 

FLIGHT, LLC SEEKS THE RELIEF.............................................................................. 10

THE REASONS WHY GRANTING IRON CITY FLIGHT, LLC REQUEST WOULD BE IN THE 

PUBLIC INTEREST ........................................................................................................ 12

THE REASONS WHY GRANTING THE EXEMPTION TO IRON CITY FLIGHT, LLC WOULD 

NOT ADVERSELY AFFECT SAFETY............................................................................ 14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................. 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

IRON CITY FLIGHT, LLC’S REQUEST.........................................................................24 

CONCLUSION....................................................................................................................24 

APPENDICES.......................................................................................... 25

2
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station 3

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer 

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

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SUMMARY

IRON CITY FLIGHT, LLC seek exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b),

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

operate an Unmanned Aircraft System (3DR X8) pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012 (FMRA). This exemption will permit IRON CITY FLIGHT, LLC to operate

an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and

photography of construction sites, residential and commercial real estate, civil landscapes and events

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The objective of IRON CITY FLIGHT, LLC and my Unmanned Aircraft System (3DR X8) aerial

operations is to provide a more affordable, high-quality production system for a variety of commercial,

public, and residential uses, specifically targeting:

• Aerial Photography / Videography / Cinematography

• Real-estate marketing

• Motion Pictures

• Aerial Inspections

• Engineering / Construction / Residential

• Public Events

• Filmmaking

• Television Events

• Surveying

• Search and Rescue

BACKGROUND

Unmanned Aircraft System: 3DR X8 UAS

IRON CITY FLIGHT, LLC seeks an exemption to operate 3DR X8 system for compensation or hire

within the NAS. The 3DR X8 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 3DR X8 is a

quadcopter with a gross weight of 5.6 pounds. It is equipped with eight rotors that are driven by electric

motors powered by batteries. The UA has a maximum airspeed of 11 m/s. It will be operated over

various metropolitan areas, primarily around Pittsburgh, PA to augment real estate listing videos,

capture event areal video and photography, and related business operations.

The 3DR X8 that will be operated by IRON CITY FLIGHT, LLC will be registered in accordance with

49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

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BASIS FOR PETITION

Petitioner, IRON CITY FLIGHT, LLC, 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

commercially operate the 3DR X8 UAS in the National Airspace System (NAS), and for an exemption

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned

aircraft and its operation, IRON CITY FLIGHT, LLC's operation of 3DR X8 UAS 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, IRON CITY FLIGHT, LLC 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.

IRON CITY FLIGHT, LLC submits that the requested relief is proper since an equivalent level of

safety will be ensured. IRON CITY FLIGHT, LLC will use experienced personnel or technicians to

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

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and

3DR X8 Instruction Manual). Furthermore, IRON CITY FLIGHT, LLC will document and maintain all

maintenance records for the 3DR X8 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command, is requested by IRON CITY FLIGHT, LLC to the extent necessary to

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman

medical certificate, and who has demonstrated, by meeting minimum flight hour and currency

requirements, that the PIC is able to safely operate the 3DR X8 UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

IRON CITY FLIGHT, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the 3DR X8 UAS does not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. As such, IRON CITY FLIGHT, LLC submits that he will ensure that the 3DR X8

UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance

with the operating documents (i.e., Monthly Maintenance Log, and 3DR X8 Instruction Manual), and

that the aircraft are in a condition for safe flight.

IRON CITY FLIGHT, LLC also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the 3DR X8 UAS will not have a typical barometric altimeter onboard. However,

altitude information of the 3DR X8 UAS will be provided to the PIC via Global Positioning System

(GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight path. This altitude information, combined with IRON CITY

FLIGHT, LLC’s operation of the 3DR X8 UAS within visual line of sight, at or below 200 feet AGL

(typically 150’ or lower), will ensure a level of safety equivalent to Section 91.121.

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Additionally, IRON CITY FLIGHT, LLC seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. IRON CITY FLIGHT, LLC submits

that safety will not be affected by operation of the 3DR X8 UAS during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for

a total duration of approximately 15 minutes. Battery power indicators are also able to show exactly

how much battery power is left, as well as how much time is needed to return safely back to point of

take off. 

In accordance with 14 C.F.R. § 11.81, IRON CITY FLIGHT, LLC provides the following information

in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Charles Borchini Jr.

Owner

Iron City Flight, LLC

1643 Suburban Ave.

Fl. 1

Pittsburgh, PA 15216

Home: (412) 451-8588

Cell: (410) 317-7434

E-mail: charles@borchini.com

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B. The Specific Sections Of 14 C.F.R. From Which IRON CITY FLIGHT, LLC Seeks

Exemption.

1. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Section 61.113(a)

And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections

(a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) 

of an aircraft that is carrying passengers or property for compensation or hire; nor may 

that person, for compensation or hire, act as PIC of an aircraft.

(b) 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.

2. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure.

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4. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states

the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at 

least 15 minutes.

5. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner

or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7

of this chapter[.]

7. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Sections 91.409(a)

(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

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8. IRON CITY FLIGHT, LLC Seeks Exemption From The Requirements Of Sections 91.417(a)

And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered

owner or operator shall keep the following records for the periods specified in paragraph

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

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(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY

FLIGHT, LLC Seeks The Relief.

1. Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY FLIGHT,

LLC Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level

certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, 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, IRON CITY FLIGHT, LLC submits that an equivalent level of safety

will be maintained because no PIC will be allowed to operate the 3DR X8 UAS unless that PIC has met

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate

either the 3DR X8 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, IRON CITY FLIGHT, LLC submits that all flights of the 3DR X8 UAS, conducted by the PIC

pursuant to the grant of this Petition: (1) will be incidental to IRON CITY FLIGHT, LLC’s business;

and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY FLIGHT, 

LLC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to

allow IRON CITY FLIGHT, LLC to determine that the 3DR X8 UAS are in airworthy condition prior

to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., IRON

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CITY FLIGHT, LLC's Aerial Operations Manual, Monthly Maintenance Log, and 3DR X8 Instruction

Manual).

IRON CITY FLIGHT, LLC seeks the requested relief because the 3DR X8 UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, IRON CITY

FLIGHT, LLC will ensure that the 3DR X8 UAS are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and 3DR X8) prior to every flight, and

further, determine that the aircraft are in condition for safe flight, as stated in the conditions and

limitations below.

3. Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY FLIGHT,

LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of

the 3DR X8 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio

communications telemetry data link to downlink altitude information from the UA to the PIC at the

ground control station (GCS). Since the FAA requires that any altitude information concerning UAS

operations be reported to air traffic control (ATC) in feet above ground level (AGL), IRON CITY

FLIGHT, LLC seeks the requested relief because the 3DR X8 UAS’s altimeter may be set on the

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the

extent necessary to comply with the applicable conditions and limitations stated below. As more fully

set forth herein, an equivalent level of safety will be maintained since the 3DR X8 UAS is equipped

with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude information

of the UA on the heads-up display of the GCS.

4. Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY FLIGHT,

LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to

the extent required to allow flights of the battery powered 3DR X8 UAS during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes.

IRON CITY FLIGHT, LLC seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered 3DR X8 UAS will severely constrain the

practicality of any aerial video or still photo flight operations that IRON CITY FLIGHT, LLC proposes

to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the 3DR X8 UAS, the 3DR X8

operating documents, and IRON CITY FLIGHT, LLC’s proposed operating limitations, ensure that

IRON CITY FLIGHT, LLC will safely operate the battery powered 3DR X8 UAS during daylight

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly for a total duration of 15 minutes.

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5. Extent Of Relief IRON CITY FLIGHT, LLC Seeks And The Reason IRON CITY FLIGHT,

LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &

(b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, IRON CITY FLIGHT, LLC requests relief from these

Sections because the 3DR X8 UAS does not require airworthiness certificates. As set forth more fully

below, the 3DR X8 UAS meets the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, IRON CITY FLIGHT, LLC will use trained technicians to

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

techniques, and practices prescribed in the UAS operating documents (i.e., the IRON CITY FLIGHT,

LLC Aerial Operations Manual, Monthly Maintenance Log, and 3DR X8 Instruction Manual).

Furthermore, IRON CITY FLIGHT, LLC will document and maintain all maintenance records for the

3DR X8 UAS.

D. The Reasons Why Granting IRON CITY FLIGHT, LLC's Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing IRON CITY FLIGHT, LLC to

safely, efficiently, and economically perform aerial video and photography of construction sites, real

estate, events and civic landscape over certain areas of the United States.

Additionally, use of the 3DR X8 UAS will decrease congestion of the NAS, reduce pollution, and

provide significant benefits to the economy. Notably, the benefits of IRON CITY FLIGHT, LLC’s

proposed operation of the 3DR X8 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The 3DR X8 UAS is battery powered and serve as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 3DR X8 UAS would

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the

safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. The 3DR X8 UAS does not require

an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and

photography missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The 3DR X8 UAS.

Conducting aerial acquisitions with the 3DR X8 UAS, instead of manned aircraft, will greatly benefit

the public by drastically reducing the levels of air and noise pollution generated during traditional

aerial video and still photography flight operations. By using battery power and electric motors, the

3DR X8 UAS produces no air pollution, and is the most viable environmentally conscious alternative

to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial

12
video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel.

The 3DR X8 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise

pollution, as the UAS are propelled by battery powered electric motors, rather than an internal

combustion engine.

By using the 3DR X8 UAS to perform aerial acquisitions, the substantial risk to life and property in the

air and on the ground, which is usually associated with traditional manned aircraft flight operations,

will be substantially reduced or completely eliminated. Aside from the lack of flight crew members

located onboard the aircraft, the 3DR X8 UAS (weighing approximately 5.6 pounds at their maximum

gross weight with diagonal dimension of 24 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air, compared to the

manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom UAS 3 Will

Benefit The Economy.

In addition to being safe and efficient, the 3DR X8 UAS is also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of the 3DR X8 UAS will allow

United States based companies, like IRON CITY FLIGHT, LLC, to remain competitive and contribute

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain competitive.

Operating the battery powered 3DR X8 UAS is one such technology that not only allows companies

greater operational flexibility compared to manned aircraft, but provides such flexibility without the

high operational cost of a traditional manned aircraft.

By operating the 3DR X8 UAS, companies such as IRON CITY FLIGHT, LLC, can remain

competitive and profitable, and therefore, provide greater job stability to employees and contractors,

which will ultimately contribute to growth of the U.S. economy. Improved financial performance of

U.S. companies, through commercial use of the 3DR X8 UAS, provides a stable workforce that

increases consumer spending; improves local, state, and federal tax revenues; and allows companies to

invest in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, IRON

CITY FLIGHT, LLC’s proposed operation of the 3DR X8 UAS will not implicate any privacy issues.

Specifically, the 3DR X8 UAS will be operated only in compliance with operating documents (i.e., the

IRON CITY FLIGHT, LLC Aerial Operations Manual, Monthly Maintenance Log, and 3DR X8

Instruction Manual) which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

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E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule

From Which IRON CITY FLIGHT, LLC Seeks Exemption.

1. Reasons Why The 3DR X8 UAS Meets The Conditions Of The FAA Modernization and

Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, IRON CITY FLIGHT, LLC’s operation of the 3DR X8 UAS meets the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without

airworthiness certification and sets forth requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180

days after the date of enactment of this Act, the Secretary of Transportation shall determine if

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

completion of the plan and rule-making required by section 332 of this Act or the guidance

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection

(a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system

or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that

certain unmanned aircraft systems may operate safely in the national airspace system, the

Secretary shall establish requirements for the safe operation of such aircraft systems in the

national airspace system.

In seeking this exemption, IRON CITY FLIGHT, LLC submits that the 3DR X8 UAS can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the

3DR X8 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The 3DR X8 UAS Demonstrate Its Safe Characteristics.

The 3DR X8 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security considering its size, weight, speed, and operational capability. Additionally the

3DR X8 UAS has unique safety features including “Return to home” and “Pause” that allow the PIC to

14
recover from unexpected events affecting the flight and a “Black box” similar to that of commercial

aircraft that logs all flight data automatically to the controller for review. These features differentiate

the 3DR X8 UAS as a uniquely safe and complete UAV and is why IRON CITY FLIGHT, LLC chose

this specific UAV for our company use.

i. Technical Specifications Of The 3DR X8 UAS.

The technical specifications of the 3DR X8 UAS are set forth by the 3DR X8 User

Manual, attached hereto as Appendix A.

ii. The 3DR X8 UAS Global Positioning Modes Enable The UAS To Remain Within

A Defined Operational Area.

The 3DR X8 UAS may be operated in both manual and global positioning flight modes.

A complete description of the flight and navigational modes of the 3DR X8 UAS is

provided at pages 11 of the 3DR X8 User Manual attached hereto as Appendix A.

iii. The 3DR X8 UAS Is Designed For Automatic Return To Home Point Or Hover In The

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the 3DR X8 UAS will remain stationary, in flight, for 3 seconds

or more. If, after 3 seconds, the 3DR X8 UAS does not reacquire control link data from the GCS,

the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe

mode) via GPS, and will descend to the takeoff position and shutdown.

Additionally, if for any reason the PIC feels the need to stop the motion of the UAS in flight,

the “Pause” button on the controller will immediately stop or break the UAS and cause it to

hover in place until the PIC directly otherwise.

A complete description of the Failsafe Functions of the 3DR X8 UAS are set forth at the

3drobotics.com website, links hereto as Appendix A.

iv. The 3DR X8 GCS And Its Operation.

A complete description of the operation and specifications of the 3DR X8 GCS and flight

control software is provided on the 3DR X8 online User Manual. 3DR X8 User Manual is attached

hereto as Appendix A.

b. Flight Operations Of DJI Phantom UAS 3 Is Limited To The Line Of Sight Of A Pilot in

Command.

IRON CITY FLIGHT, LLC staff will be the only persons to act as a pilot in command (PIC) of the

3DR X8 UAS.

15
c. Flights Of 3DR X8 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, IRON CITY FLIGHT, LLC proposes to commercially operate 3DR X8

UAS for the special purpose of conducting aerial video and photography over certain areas of United

States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum

gross weight: 3DR X8 Unmanned Aircraft Systems. Proposed operations of any other aircraft

will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL),

as indicated by the procedures specified in the operating documents unless a special request is

made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than corrective

lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be

able to communicate verbally at all times. Electronic messaging or texting is not permitted

during flight operations. The PIC must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding

other air traffic and other ground based obstacles/obstructions and is not permitted to operate

the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the procedures

outlined in the operating documents, the conditions and limitations contained in the grant of

exemption take precedence and must be followed. Otherwise, the operator must follow the

procedures as outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions and present

updated and revised documents to the Administrator upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would affect the basis upon

16
which the FAA granted the exemption, then the operator must petition for amendment to its

grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions

arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the

aircraft is prohibited from operating until the necessary maintenance has been performed and

the UAS is found to be in a condition for safe flight. The Ground Control Station must be

included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft

records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the operating

documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements,

in accordance with the operating documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft records, including total time

in service, description of work accomplished, and the signature of the authorized person

returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action

taken against discrepancies discovered between inspections.

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles

and structures. PIC qualification flight hours must be logged in a manner consistent with 14

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under

the terms of the exemption. However, training operations may only be conducted during

dedicated training sessions. During training, proficiency, and experience-building flights, all

persons not essential for flight operations are considered nonparticipants, and the PIC must

operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

17
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). If flight at night

is required, a special request will be made at the FAA office closest to proposed area of

operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on

a current FAA-published aeronautical chart unless a letter of agreement with that airport’s

management is obtained, and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA. The letter of agreement with the airport management must be

made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined

location within the planned operating area and land or be recovered in accordance with the

operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing point

and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72

hours in advance, but not less than 48 hours prior to the operation. All operations shall be

conducted in accordance with airspace requirements in the ATO issued COA including class of

airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N Number) markings

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control

of the UA must comply with the Federal Communications Commission (FCC) or other

appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These documents

must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

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31. Flight operations must be conducted at least 500 feet from all nonparticipating persons

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller

of such vessels, vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission

from the land owner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flight to be conducted.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not

Adversely Affect Safety.

IRON CITY FLIGHT, LLC submits that the equivalent level of safety established by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the 3DR X8 UAS unless that PIC

has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to

safely operate the 3DR X8 UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering IRON CITY FLIGHT, LLC’s proposed area of operations, and the operating limitations

set forth-above, the parallel nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062), and the airmanship skills necessary to

safely operate the 3DR X8 UAS, IRON CITY FLIGHT, LLC submits that the additional manned

airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for IRON CITY FLIGHT, LLC’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11158, 11159, 11160, 11161).

IRON CITY FLIGHT, LLC will not allow any PIC to operate the 3DR X8 UAS unless that PIC has

demonstrated, by meeting minimum flight-hour requirements or the 3DR X8 UAS training and

19
currency requirements, that the PIC is able to safely operate the 3DR X8 UAS in a manner consistent

with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R.

§61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours

as a UAS pilot operating the same make and model of UAS to be used for operations under the

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in

the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained

in compliance with applicable regulations will ensure an equivalent level of safety during IRON CITY

FLIGHT, LLC’s proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe operations,

stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose

of motion picture filming (or similar operations), the PIC must have accumulated and logged, in

a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5

hours as a UAS pilot operating the same make and model of UAS to be used for operations

under the exemption. For clarification, the FAA considers these minimum hour requirements to

be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10

hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum,

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build

proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The

FAA also finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required

flight time. During training, proficiency, and experience-building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, IRON CITY FLIGHT, LLC will ensure safe operations by not allowing any PIC to

operate the 3DR X8 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and

currency requirements, that the PIC is able to safely operate the 3DR X8 UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures. 

20
3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely

Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, IRON CITY FLIGHT, LLC will ensure that the 3DR X8 UAS is in an airworthy condition based

upon the UAS’s compliance with its operating documents and as stated in the conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely

Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the 3DR X8 UAS will be provided to the PIC via GPS equipment and a radio

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring

of the flight path and altitude. This altitude information, combined with IRON CITY FLIGHT, LLC’s

operation of the 3DR X8 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level

of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar,

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b) as a result of (1) the technical specifications of the 3DR X8 UAS; (2) the limitations on the

proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, IRON

CITY FLIGHT, LLC will ensure that it will safely operate the battery powered 3DR X8 UAS during

daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the 3DR X8 UAS, the limitations on

the proposed flight operations, and the location of the proposed operations, will ensure an equivalent

level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the

3DR X8 UAS provides audible and visual warnings to the PIC at the GCS when the UAS experiences

low battery voltage, the first warning occurring at approximately 25% remaining battery power, and

again at approximately 15% remaining battery power. At the critically low battery level, the 3DR X8

UAS will slowly descend and land automatically.

21
Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety

is not adversely affected when the technical characteristics and operating limitations of the UAS are

considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed

in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, IRON CITY FLIGHT, LLC submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because IRON CITY FLIGHT,

LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the

IRON CITY FLIGHT, LLC Aerial Operations Manual, Monthly Maintenance Log, and 3DR X8

Instruction Manual). Furthermore, IRON CITY FLIGHT, LLC will document and maintain all

maintenance records for the 3DR X8 UAS.

Since the 3DR X8 UAS will be inspected as prescribed by the operating documents, IRON CITY

FLIGHT, LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)

(1), and 91.409(a)(2). A copy of the 3DR X8 User Manuals are attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because IRON CITY FLIGHT, LLC

will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 3DR X8 UAS will be

performed by trained technicians. Maintenance will be documented and maintained utilizing the

monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered.

In consideration of IRON CITY FLIGHT, LLC’s proposed operating limitations, the operating

documents, and the technical aspects of the 3DR X8 UAS, IRON CITY FLIGHT, LLC submits that

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a),

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief

specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

22
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. § 21.16 entitled Special Conditions, IRON CITY FLIGHT, LLC requests that the FAA

prescribe special conditions for the intended operation of the 3DR X8 UAS, which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions

will permit safe operation of the UAS for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets

forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security; and further, provides the authority for such UAS

to operate without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the 3DR X8 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain

adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft.

Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent

to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe

special conditions for IRON CITY FLIGHT LLC’s intended operation of the 3DR X8 UAS, which

contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),

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

• A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which IRON CITY FLIGHT, LLC Seeks Exemption:

IRON CITY FLIGHT, LLC seeks exemption from the requirements of 14 C.F.R Sections

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

91.417(a) & (b).

23
A Brief Description Of The Nature Of The Exemption IRON CITY FLIGHT, LLC Seeks:

This exemption will permit IRON CITY FLIGHT, LLC to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain

areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support IRON CITY

FLIGHT, LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate

safely in the NAS. As such, IRON CITY FLIGHT, LLC’s request for exemption may be granted

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, IRON CITY FLIGHT, LLC will operate the 3DR X8 UAS safely in the

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to

national security.

CONCLUSION

As set forth herein, IRON CITY FLIGHT, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the 3DR X8 UAS commercially, without an airworthiness certificate, for the limited

purpose of conducting aerial video and photography over certain areas of the United States. By

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing

IRON CITY FLIGHT, LLC to safely, efficiently, and economically operate the 3DR X8 UAS

commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and

Reform Act of 2012, Section 333, IRON CITY FLIGHT, LLC respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections

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

91.417(a) & (b), and permit IRON CITY FLIGHT, LLC to operate the 3DR X8 UAS commercially for

the purpose of conducting aerial video and photography over certain areas of the United States.

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Dated: December 29, 2015

Respectfully submitted,

Charles Borchini Jr.

Owner

Iron City Flight, LLC

1643 Suburban Ave.

Fl. 1

Pittsburgh, PA 15216

Home: (412) 451-8588

Cell: (410) 317-7434

E-mail: charles@borchini.com

Appendices:

A – Link to 3DR X8 Manual: Click on this link: https://store.3drobotics.com/products/x8-plus

Operations Manual can be found under the heading “X8+ Information Portal.”

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