Lynne M. Undraitis

Saddle Up Productions

184 High Road

Kalispell, Montana 59901

(406) 249-3322

lynne@saddleupproductions.com

 12/29/15

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 

11, Saddle Up Productions, a licensed business in the State of Montana, hereby applies for an exemption from the 

Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System 

(sUAS) for commercial applications in airspace that is governed by the Federal Aviation Administration (FAA). All 

flight operations will be conducted under the conditions and boundaries outlined herein or as established by the FAA 

in accordance with Section 333.

The exemptions, as requested by Saddle Up Productions, would permit the provision of commercial services to 

customers that are in need of aerial data capture (photography and videography) from a sUAS. Saddle Up 

Productions requests these exemptions in order to perform commercial flights in the following areas: 

 Surveying

 Agriculture

 Inspection

 Real Estate

 Construction

 Search and Rescue Assistance

 Special Events

All flights will be conducted over private or controlled access property with the consent and knowledge of the 

property owner or controlling party. All flight operations will maintain a 500-foot buffer from all

nonparticipating persons, vessels, vehicles, and structures unless sufficient barriers are in place to protect

nonparticipating persons from undue harm. Flight operations will only be operated near vessels, vehicles, and 

structures where the property owner/controller has granted permission and a safety assessment has been made.

All of Saddle Up Productions flight operations will be conducted by pilots that hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate with appropriate medical certificates. All visual observers 

(VO) will be trained to perform their required duties before flight operations begin.

Saddle Up Productions has demonstrated the ability to safely and effectively fly the sUAS DJI Phantom 3 which 

will be used for all commercial and private purposes. Saddle Up Productions complies with local ordinances and 

laws regarding the operation of sUAS, and adheres to all weather and environmental restrictions or limitations in 

reference to the operations of sUAS.

All flights will occur in ordinance with any state or local laws regarding privacy.
Saddle Up Productions is seeking the exemption and will comply with all of the rules, guidelines, limitations, and 

future legislation set forth by the FAA. Saddle Up Productions agrees to operate the UAS in the manner described, 

and for the purposes described. 

The following contains a list of regulations from which Saddle Up Productions is seeking exemption, and a complete 

list of responsibilities Saddle Up Productions assumes as operator; it also contains information regarding the aircraft, 

public benefit and safety features.

Regulations from which an exemption is requested:

14 CFR 61.113(a)

14 CFR 91.7(a)

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR Subpart E (91.401 – 91.417)

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Saddle Up Productions requests an exemption from the following regulations as well as any additional regulations 

found by the FAA to be necessary for safe and efficient UAS flight operations.

14 CFR 61.113(a), Private pilot privileges and limitations: Pilot in command

This regulation states that no person holding a private pilot certificate may act as pilot in command of an aircraft that 

is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft.

Saddle Up Productions believes that a PIC that holds either an airline transport, commercial, private, recreational, or 

sport pilot certificate with appropriate medical certificates has sufficient skills and knowledge to complete

operations, especially after completing a sUAS knowledge and training course. We do not think that a commercial 

pilot license will significantly improve a PIC’s performance while operating a sUAV. Therefore, we ask for an 

exemption from 14 CFR 61.113(a) in order to operate commercially with the minimum of an airline transport, 

commercial, private, recreational, or sport pilot certificate with appropriate medical certificates.

14 CFR 91.7(a) Civil aircraft airworthiness

As a sUAS will not require an airworthiness certificate, we believe that this regulation is not applicable.

Therefore, we request exemption from this regulation.

14 CFR 91.119(c) Minimum safe altitudes

This regulation states that no person may operate an aircraft below 500 feet above the surface as well as

within 500 feet of any person, vessel, vehicle, or structure.

Saddle Up Productions believes that, because of the nature of most UAS operations, an exemption is required in 

order to allow operation closer than 500 feet to vessels, vehicles, or structures as long as permission is granted from 

the owning/controlling parties and an assessment is made to assure that people and property are safe from

undue harm. Saddle Up Productions also request that operations be allowed over congested areas as long as the 

operations stay within the following standards:

 Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures unless:

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

 debris in the event of an accident.

b. Participating persons are made aware of the dangers of the UAS operation and the safety

 precautions that have been put into place.
c. The aircraft is operated near vessels, vehicles, or structures only where the property

 owner/controller has granted permission and the PIC has made a safety assessment in

 regard to the close operation to these objects.

d. Operations near the PIC or VO do not present an undue hazard to the PIC or VO per

 91.119(a).

e. All operations will be conducted over private or controlled-access property with prior

 permission from the property owner/controller or authorized representative.

14 CFR 91.121 Altimeter settings

Saddle Up Productions UAS does not utilize a standard barometric altimeter, we request exemption from 91.121 to 

the extent necessary to comply with applicable conditions and limitations. The altimeter reading for our UAS is 

calculated by GPS. The accurate and continuous readings that we receive from this GPS system allow us to operate 

below set minimums at all times.

14 CFR 91.151(a) Fuel requirements for flight in VFR conditions

This regulation states that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and, after that, fly for an additional 30 minutes. This

regulation is intended to create a safe flying environment by creating sufficient fuel reserves. Therefore, Saddle Up 

Productions does not request an exemption from this regulation but, instead, request that the term “fuel” be changed 

to “battery power.” Saddle Up Productions also requests that our battery power reserve for our UAS operations be 

25%.

Saddle Up Productions UAS has capabilities that allow the PIC to monitor battery power levels as well as a return to 

land feature that will engage when battery levels reach a critical level, therefore returning the UAS automatically to 

the point of takeoff.

14 CFR Subpart E (91.401 – 91.417)

Saddle Up Productions requests an exemption from the stringent maintenance regulations that are designed to 

increase the safety of the flying environment by ensuring adequate inspections and servicing of aircraft. We are 

requesting exemption from these regulations because we believe that, due to the simplicity and the ease of repair, 

general and preventive maintenance can be performed by the PIC. The PIC is required to make a thorough preflight 

inspection before each operation. In the case of a discovery of faulty equipment, most replacement and repair can 

simply be done on site as long as repairs are of an airworthy manner. Major repair will still have to be performed by 

a licensed repair facility which will be logged in the UAS records.

Saddle Up Productions believes that our comprehensive preflight inspection, the simplicity of the UAS itself, the 

nature of the UAS’s operations, and the fact that no passengers are on board the aircraft make our operations eligible

for exemption from CFR Subpart E (91.401 – 91.417).

SADDLE UP PRODUCTIONS, ASSUMES THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 when weighing less than 55 

pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 29 knots. The exemption holder may use either groundspeed or 

calibrated airspeed to determine compliance with the 29 knot speed restriction. In no case will the UA be operated 

at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 

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

reported in feet AGL. 
5. The UA 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 FAAissued airman medical certificate or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight 

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. The VO 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 VO 

can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the 

conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. 

The operating documents will be accessible during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and 4 limitations in this exemption and the procedures 

outlined in the operating documents, the conditions and limitations herein 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 or any law enforcement official upon request. The operator 

must also present updated and revised documents if it petitions for extension or amendment to this grant of 

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

granted this exemption, then the operator must petition for an 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. 

8. 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 prior to conducting further 

operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain 

at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose 

an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for 

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

items, or equipment. 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. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit 

requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either airline transport, commercial, private, recreational, or 

sport pilot certificate with appropriate medical certificates.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and 
emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights 

for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building) and 

determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption are permitted under the terms of this 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 UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are 

not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current 

FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol 

as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the Administrator or any law enforcement 

official upon request. 

17. 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. 

18. If the UAS loses communications or loses its GPS signal, the UAS must return to a pre-determined location 

within the private or controlled-access property. 

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is 

enough available power for the UAS to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended 

COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 6 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 

45, Subpart C. Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required 

under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any 

time the aircraft is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request. 

24. The UAS must remain clear and give way to all manned aviation operations and activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 in a manner ensuring the safety of nonparticipating 

persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating 

closer to those objects 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. The PIC, VO, operator trainees or essential persons are 

not considered nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with permission from the property 

owner/controller or authorized representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational 

area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 

24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

PUBLIC BENEFIT AND SAFTEY

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video and photography due 

to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety. With these technological advances Saddle Up Productions will 

enhance economic growth by showcasing our breathtaking community.

Saddle Up Productions is petitioning for an exemption to operate a DJI Phantom 3 with a built-in stabilized HD 

camera and GPS safety features which limit its ability to limit the height it flies above ground level (AGL), to limit 

the radius of the distance it flies from the operator and to exclude it from operations within designated Class B, C 

and D airspace including a no-fly zone feature. 

The DJI Phantom 3 also has a failsafe function that is triggered in the event communication is lost between the UAS

and the main controller transmitter. At that time, the UAS will return to its point of takeoff and land safety. If the 

connection is restored, the PIC can regain control of flight and land manually. 

These specifications meet with the Model Aircraft Operating Standards as set below: 

Saddle Up Productions will only operate its UAS in line-of-sight of a pilot and/or observer and will operate at sites 

that are `sufficient distance' from populated areas within the sterile area described. Such operations will ensure that 

the UAS will "not create a hazard to users of the national airspace system or the public." 

The UA may not operate within 5 nautical miles of an airport reference point unless a letter of agreement 

with that airport’s management is obtained. Maximum flight time for each operation will be 25 minutes. 

Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the 

UAS. 

The UAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 

200 feet above an elevated platform from which videography is planned.

The UAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and 

stabilized gimbal). 
The UAS will operate at speeds of no more than 29 knots, can hover, and can simultaneously move vertically and 

horizontally. 

Saddle Up Productions is confident that the knowledge of the PIC, along with the strict safety standards set by 

Saddle Up Productions, the FAA, and the physical safety properties of the UAS, will allow safe and efficient 

operations.

Saddle Up Productions hereby requests exemption under Section 333 in order to pursue commercial UAV 

applications with the intent to provide customers with the safe, high quality digital media (videography and 

photography).

Sincerely,

Lynne M Undraitis

Saddle Up Productions

184 High Road

Kalispell, Montana 59901