July 20th, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21; 14 , 91.7 (a); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). To whom it may concern:
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act”) and 14 C.F.R. Part 11, Experience Above LLC, development and operations specialists for Unmanned Aircraft Systems (“UASs”) which are setup to utilize aerial filming and photography for short films, motion pictures, and commercial filming, submits this exemption petition application. Experience Above LLC seeks exemption from the aforementioned listed Federal Aviation Regulations (“FARS”) to permit the commercial operation of its UASs providing that the operations are conducted only according to that which is provided in this petition for exempti on or as may be currently or in the future required by the FAA as found in Section 333.1, or any other prevailing federal regulations. As outlined below, our request for exemption would allow the operation of small unmanned aircraft systems under establish ed preset conditions in the air that are 1) narrow in scope 2) pre

determined 3) access controlled and 4) improve upon the safety operations that commercial filming currently employ (such as using a manned helicopter for aerial footage). Approval of this p etition for exemption would improve safety as well as provide an opportunity to the Secretary of Transportation (the FAA Administrator’s) toaccomplish their goal to “...establish requirements for the safe

operation of such aircraft systems in the national airspace system.” See Section 333(c) of Reform Act. The name and address of the applicant is: Experience Above LLC Stephan Guarch 260 Crandon Blvd Suite 28 Key Biscayne, FL 33149 Experience Above LLC hereby requests an exemption from the following re gulations:

● 14 CFR Part 21

● 14 CFR 61.113 (a) & (b)

● 14 C.F.R. 91.7 (a)

● 14 C.F. R. 91.119

● 14 C.F.R. 91.121

● 14 CFR 91.151 (a)

● 14 CFR 91.405 (a)

● 14 CFR 407 (a) (1)

● 14 CFR 409 (a) (2)

● 14CFR417(a)&(b) The Experience Above LLC exemption application is intended to achieve Congress’ aims in passing Section 333(a)

- (c) of the Reform Act. The reform act instructs the Secretary of Transportation to give consideration to whether or not particular unmanned aircraft systems can successfully achieve sufficient safety measures for inclusion in thenational airspace system (NAS). Such an exemption from the

regulations will only serve as a temporary measure in anticipation of the fulfillment of the rulemaking requirement of Section 332 of the Reform Act. In consideration of the petition the Secretary should consider which UASs are neither a danger to participants of the NAS or the public at large or present the potential to threaten the national security of the Unite d States. These factors should be considered according to the Reform Act § 333 (a): • 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. If the Secretary decides 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). Experience Above LLC believes the provisions found in section 333 of the Reform Act creates an obligation for the FAA to process applications for exemption and, if necessary, for the FAA to create standards for safe use if such standards propose d in this petition for exemption fail to meet statutory requirements for approval. The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation Act. This statutory authority’s terms include an exemption for civil aircra ft, as defined under §40101 of the Federal Aviation Act, and includes UASs, with the intent to exempt such from the mandate that every civil aircraft be required to possess a valid airworthiness certificate. If the Administrator finds the exemption request in the public interest the Administrator may grant an exemption from requirements of the regulations promulgated under subsections (a) or (b) or sections 44702

-44716 of this title. 49 U.S.C. §44701(f); See 4 9 USC §44711(a);49 USC §44704; 14 CFR §91.203 (a) (1).

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). Experience Above LLC’s UASs are rotorcraft with a combined weight, including any necessary added filming equipment, of 55lbs or less . The UASs are capable of moving in vertical and horizontal positions at the same time. The UASs can hover and are restricted to speeds of no more than 25mph as implemented by the duly trained operator. UASs operations will always be conducted within the l ine of sight of the operator and will be limited to the confines of a properly secured area. For details about what constitutes a properly secured area please see the Experience Above LLC’s safety operations manual attached as exhibit 1. This application for exemption strongly expresses that the structure and operations of these UASs will “not create a hazard to users of the national airspace system or the public.” Reform Act 333 (b). It is congress's intent that the FAA allow commercial UAS operations to b egin immediately through the process of a granted exemption as long as the proposed operations satisfy the proper zone of safety. The limited size, intended cargo (filming equipment) and secure locality ensure there is zero national security threat stemmin g from granting approval of the operations of these particular UASs. The administrator should grant this application request because it carries out the intent of Section 333 of the Reform Act in addition to the authority of the Federal Aviation Act. The grant is in the best interests of the public because it limits harmful environmental factors and enhances the safety of both the public at large and filming industry workers. Applicants hereby request their application for exemption be considered and approve d as soon as it can be processed.**AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS**

The applicant seeks to have this exemption cover only civil aircraft as described therein this petition and subject to the limitations proposed within this petition or as should be found necessary by the FAA. Motion picture filming companies already safely operate using combustible manned helicopters or other manned civil aircraft to achieve many tasks that non

- combustible unmanned UASs can accomplish with the equivalent or better level of safety. Experience Above LLC proposes and agrees to the following li mitations and conditions for commercial filming UAS operations conducted under a granted FAA exemption:

1. The total combined weight of the UASs and attached equipment will weigh 55lbs or less.

2. At all times the pilot will operate the UAS in an unbroken visua l line of sight (VLOS).

3. No flight operations will fly for more than 30 consecutive minutes without first landing and changing the batteries and conducting necessary safety checks.

4. Once the battery is at 25% the operator must begin return to ground proce dures. The UASs are not permitted to operate below 20% battery.

5. Maximum flight altitude shall not exceed 400 AGL.

6. A minimum 3 man crew consisting of the UAS Pilot, Visual Observer, and Camera Operator is required to conduct operations.

7. The UASs Pilot in Command (PIC) must have at least 25 documented hours operating UASs.

8. The PIC must have the requisite knowledge about thecomponents required to build and maintain the particular type

of UASs type they are operating.

9. A PIC will not operate an UAS with in 5 miles of the center of an airport without permission from the local FSDO and clearance from the control tower of the airport.

10. UASs will only operate in a properly secured area. Experience Above LLC’s pre flight safety procedures require a secured p erimeter as described in their pre flight safety operations manual.

11. A mandatory briefing that all participating personnel (persons allowed into the filming perimeter) must attend in order to go over all pre flight safety issues and procedures for the day

. 12. A UAS may not operate unless persons within 100ft of operations have consented to being in the secured area, as provided in the Experience Above LLC’s pre operations safety manual. With certain enhanced safety procedures the required radius may be redu ced as low as 30ft as described in the manual. No smaller distance radius shall be allowed without the express approval of the relevant FSDO.

13. At all operational times the pilot and observer will be able to maintain contact through voice communication.

14. Op erations shall not be permitted in areas that do not have the consent of the property owners.

15. Any necessary required permission and/or permits from territorial, state, county or city jurisdictions, local law enforcement, fire department, or appropriate g overnment agencies will be obtained accordingly.

16. In the case of emergency, loss of communications or other malfunction, the UASs are preset to be able to return to a prespecified location in a safe manner. The UASs can abort a flight

in unexpected situations or other emergencies.

**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)**  FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, titled Airworthiness Certificates. The small size of the UASs and limited perimeter of the secured operations area allow for an equivalent level of safety as envisioned in Part 11 and Section 333 of the reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. An exemption may be permitted after consideration of the size, weight, speed, operational capability, distance from airports and amount of persons near areas of operation. A careful consideration of these factors makes it clear that UASs, lacking an airworthiness certificate, but, implementing the proposed conditions and restrictions, can operate just as safe if not safer than conventional aircraft with an airworthine ss certificate. The UASs weigh less than 55 lbs with a full load and cannot carry a pilot or hold any passengers. The UASs do not carry fuel or any other explosive or flammable liquids, and will only be operated within the secured zone as provided for in t he Experience Above LLC’s safety manual. The petition for exemption will only allow for tightly controlled and very closely observed operations as described in the Experience Above LLC’s safety manual. The FAA will be informed in advance of the operations area and all local laws will be followed and abided by. Experience Above LLC’s UAS operations without an airworthiness certificate will be safer than conventional aircraft operating with an airworthiness certificate because of the conductlimitations provi ded for in this petition that are inapplicable to the

latter. The UASs safety requirements are similar to requirements used in the production and filming industry for civilian aircraft. The UASs operations do not pose a threat to the national security of t he United States, or any locality found within or without the United States. The purpose of the operations of the UASs is to create footage for the filming commercial and movie industry and is not intended in any way for hostile acts. The size, speed, area of operations, absence of flammable gasoline or other combustible liquids and limitations on payload weight present no credible threat to the United States. **14 C.F.R. §91.7(a): Civil aircraft airworthiness.** A grant of exemption from 91.7 is needed because there will be no airworthiness certificate. The airworthy conditions will be determined according to the Experience Above LLC’s safety manual. The pre flight safety procedures found in the Experience Above LLC’s manual provides for an equivalent level of safety. The PIC will be responsible for making sure the aircraft is airworthy before each flight. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for exemption asks for the submitted UASs to be permitted to operate at altitudes up to 400 AGL. All operations will occur in a pre secured area where all persons and property present will have given their informed consent. The location, size, weight and speed of the UASs provi de for an equivalent level of safety. Conventional aircraft flying below 500 AGL present a much greater risk to persons and property than small UASs operating at the same altitude. Risks to conventional aircraft that are not applicable to UASs include comb ustible fuel and large payloads. The low altitude will actually create an unintended buffer between UASs operating below 400 AGL and conventional aircraft operating above 500 AGL as required by Section 91.119.Section 91.119(c) provides that no aircraft sh all operate within 500

AGL of any “person, vessel, vehicle or structure”. Due to the commercial filming nature of the UASs operations, we request filming operations be permitted from much closer distances. This would all take place in accordance with pre flight safety procedures. The operations manual provides that all persons within 100ft must give their consent to be present and that such permission may be reduced to 30ft with enhanced safety procedures in place in addition to the mandatory safety briefin g involving all persons including the PIC. Filming with UASs instead of manned helicopters provides an increased level of safety to the public and the crew working on the set. **14 C.F.R. §91.121 Altimeter Settings**
91.121 contains language requiring an aircraft to maintain an altimeter. The UASs do not have a traditional barometric altimeter and therefore an exemption may be needed. The UASs are, however, able to provide an equivalent level of safety through use of GPS altitude equ ipment. The GPS component attached to the UAS uses a communications telemetry data link to send the AGL information to the PIC to effectively monitor safety and the flight path. Methods include GPS triangulation, digitally encoded barometric altimeter, rad io altimeter or any combination. The GPS on the UAS transmits the appropriate data digitally to a ground readout handheld controlled by the PIC. The UAS PIC will reset the altitude to zero before every launch. **14 C.F.R. § 91.151(a): Fuel Requirements for F light in VFR Conditions**  Section 91.151 (a) disallows aircraft from flying without first having at least 30 minutes of fuel beyond their time to take off and land under normal conditions if its during the day and 45 minutes for the night. Since the UASs can only operate for 30

-45mins total, before landing and replacing their batteries, an exemption may be needed. Allowing UAS operations until battery life has reached 20% of it’s full strengthwill ensure an equivalent level of safety compared to conventional

aircraft operations with 30 minutes extra fuel. The UAS is set to automatically return to a pre determined landing spot in the case of emergency and this can be accomplished very quickly. Conventional aircraft generally have less flexibility for landing t han a small lightweight UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections**  These regulations are for conventional aircraft with an airworthiness certificate and are therefore incompatible with the operations of an UAS. Experience Above LLC’s UAS operators are the best

-suited people to perform maintenance on the UASs. This is because they have specialized knowledge about the components that a typical aviation inspector would lack. The size, payload, location restrict ions and height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis as required and a log of all maintenance activities kept.

************************************ In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal Register, should it be determined that publication is warranted: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) & (b); 91.7 (a); 91.119; 91.121; 91 .151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for commercial purposes small unmanned aerial systems (weighing less than 55lbs) for aerial filming and photography for short films, motion pictures, and co mmercial filming. Approval for this section 333 exemption will increase public safety and reduce the risk to on set personnel and property. Currently, most aerial filming is done by various filming studios using mannedairplanes. These airplanes weigh thou sands of pounds and require the

use of combustible gasoline in order to operate. In comparison, an Unmanned Aerial System can accomplish the same commercial filming operations with an equivalent or better level of safety because they are lightweight, batte ry operated, and not equipped to carry persons into the NAS. The Exemption should be granted to allow the commercial operation of Experience Above LLC’s UASs under the strict conditions outlined above. The UASs are much slower than conventional aircraft
a nd operate in a pre secured area, therefore providing an equivalent level of safety. The UASs pose a reduced risk to on set filming when compared to conventional aircraft near persons and/or property. **Privacy** Permission from property owners will be obtain ed prior to filming. UAS operations may not proceed unless persons proximate to the filming set have consented.The UAS’s size, weight, speed, operating capabilities, and proximity to

airports and populated areas all satisfy Section 333 of the Reform Act. All operations occur within the visual line of sight of the operator and pose no threat to national security. Ex perience Above LLC kindly requests consideration to receive Section 333 exemption grant to allow the commercial operation of Experience Above LLC’s UASs in the commercial filming industry in accordance to the conditions required, or as may be required, and in accordance with the rules and procedures found in the attached safety manual.

Sincerely,

________________________ Stephan Guarch President, Experience Above LLC.