Single Malt Media, L.L.C. Section 333; Exemption Petition 1

May 21, 2015

United States Department of Transportation 

Docket Operations, M-30

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12-140

Washington, DC 

RE: Exemption Request Pursuant to Section 333 of the FAA

Reform Act of 2012.

Dear Sir or Madam,

We are writing regarding the FAA Modernization and Reform Act of 2012, and 

the procedures contained within 14 C.F.R 11, to request that Single Malt Media, 

LLC, be exempted from the Federal Aviation Administration’s (“FARs”) listed 

below so that Single Malt Media may operate it’s lightweight unmanned aircraft

systems (UAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA).

The conditions identified and proposed by the applicant are drawn from:

Order 8900.1 CHG 0, Volume 3, Chapter 8-issue a Certificate of Waiver for 

Motion Picture and Television Filming, as well as similar prior Exemptions 

granted by the Federal Aviation Administration.

Single Malt Media is an established media production company who’s principal 

Brian J. Kelly, has over 30 years experience in the television and motion picture 

industry. Mr. Kelly has previously held senior staff positions at the network 

television level (Discovery Communications) as well as several high profile 

production companies prior to launching Single Malt Media in 2009. Mr. Kelly 

was one of the earliest advocates for the safe and effective use of UASs in 

motion picture and television production while on staff at Discovery 

Communications in 2007. In his 30 years in television and film production, Mr. 

Kelly has used both fixed wing aircraft and helicopters for filming purposes on 

over 50 projects spanning 5 continents. Mr. Kelly has filmed from U.S. military

aircraft and helicopters as well as numerous civilian aviation platforms. 
Single Malt Media, L.L.C. Section 333; Exemption Petition 2

Motivated by the loss of several industry colleagues in a tragic helicopter crash 

(killing a Discovery Channel film crew) in February of 2013, Mr. Kelly launched a 

UAS cinematography division for Single Malt Media. The significant risk

associated with aerial filming is an issue that has haunted our industry for many

years. The issue is outlined in stark detail in an article on the industry website 

deadline.com which chronicles this ongoing dilemma and outlines multiple 

accidents and tragic deaths of media professionals as a result of aviation 

accidents occurring during aerial cinematography operations. The article can be 

found by following the link.

http://deadline.com/2014/04/helicopter-crash-deaths-hollywood-safety-history709487/

The bottom line -- since 1980, 33 television and film crewmembers have been 

killed in aviation related accidents while on the job. That is an average of one a 

year. While these accidents and the associated loss of life were tragic in of 

themselves -- they also posed a significant risk to the general public.

Recognizing the value of UAS’s as a “game changer” (nearly a decade ago), Mr. 

Kelly has been involved in thousands of hours of testing and evaluation of UASs 

furthering their viability as safe and effective camera platforms. It is worth noting, 

(as a credit to both the technology we use and our internally mandated, 

redundant, operational and safety procedures) Single Malt Media has never 

experienced a UAS mishap. Single Malt also has UAS PICs holding recreational 

pilot certificates.

The evolution and current advancements of UAS technology represents a clear 

and present economic opportunity for companies around the country and a giant

leap forward for our industry to reduce the significant safety risk (as well as 

reducing noise and environmental pollution) associated with the use of 

helicopters and fixed wing aircraft. The convergence of UAS technology along 

with the miniaturization of cameras (and gyroscopically stabilized camera 

mounts) is perhaps the greatest development in the television and film industry in 

the last 50 years -- creating a new trade specialization and an enormous 

opportunity for jobs and economic growth.

Therefore, Single Malt Media respectfully requests that the FAA grant Single Malt 

Media an exemption allowing it to operate lightweight UAS for the purpose of 

aerial cinematography in closed set motion picture and television production, as 

well as on restricted access locations and on pre-approved private property with 

all appropriate permissions and waivers and meeting all other FAA stipulations, 

conditions and limitations.
Single Malt Media, L.L.C. Section 333; Exemption Petition 3

Contact Information

Brian J. Kelly

Principal

Single Malt Media

13101 Blue Willow Place

Clifton, Virginia 20124

703-298-2681

brian@singlemaltmediatv.com

The Specific Sections of Title 14 of the Code of Federal 

Regulations From Which SMM, LLC Requests Exemption Are:

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 61.3 (a) (1) (i) –

(While we have staff members with recreational certificates, we also have staff 

with over 500 hours of UAS flight experience currently not holding certificates).

91.7 (a); 91.9 (b) (2); 91.103 (b); 91.105; 91.109; 91.119; 91.121; 91.151 (a); 

91.203 (a); 91.203 (a) & (b); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Single Malt Media’s request for relief is first and foremost that without an FAA 

exemption our new business unit would not be viable. But beyond this

immediate remedy we strongly believe that this exemption will allow us to 

contribute significantly to an emerging field that represents a very real growth 

opportunity to the film and television industry while enhancing safety to the 

general public. As a result, granting of this exemption to Single Malt Media is 

clearly in the public interest by way of obviating the need for aircraft of 

significantly greater proportions carrying multiple crew as well as highly 

flammable fuel in our production operations.

112 P.L. 95 §§ 331-334

Single Malt Media is seeking relief from any currently applicable FARs to prevent 

us from working on closed set film or television production. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft into our

national airspace as it is in the public interest to do so. Single Malt Media’s 

lightweight UAS meet the definition of “small unmanned aircraft” as defined in 

section 331, and therefore the integration of Single Malt Media’s UAS’s are 

expressly contemplated by the Reform Act. Single Malt Media would like to 

operate its lightweight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such aircraft.
Single Malt Media, L.L.C. Section 333; Exemption Petition 4

The FAA has granted similar exemptions in material respect by way of

Exemption Nos. 11062 to Astraeus Aerial; 11109 to Clayco, Inc.; 11112 to VDOS 

Global, LLC.; and 11213 to Aeryon Labs, Inc. In these cases the FAA found that 

the enhanced safety achieved using an unmanned aircraft (AU) is in the public 

interest.

Each of the following (SMM operational and safety issues) urges in favor of an 

exemption for Single Malt Media:

Single Malt Media UAS’s SOPs and Equipment:

 Aircraft: DJI Spreading Wings, S800 EVO and S900 carbon fiber frame 

equipped with the industry leading DJI A2 flight control system. These are 

among the most stable and reliable airframes commercially available.

 All our airframes are (by design) equipped with a minimum of 6-engines.

While provide exceptional stability, this feature also provides critical safety 

redundancies. As opposed to quad-copters, 6-engine and 8-engine 

airframes can land safely even in the event of the loss of one engine. This 

is an area where we have actively lobbied manufactures and distributors 

to limit the distribution of quad-rotors because of the “total loss” caused by

single engine or rotor blade failure. 

 All crews consist of 2 persons. A PIC and a Camera Operator/Spotter. 

The camera operator/spotter is also fully qualified to operate the UAS in 

the event of an emergency.

 Preflight and post flight inspections are conducted in accordance with a 

Single Malt Media flight operations manual that PIC’s are required to have 

read and have in their possession during all flight operations.

 Crews use (2) Industry leading Futaba 14 channel radios. Complying with 

limits for Class B digital device, pursuant to Part 15 of the FCC Rules.

 Airframes are well below the FAA mandated 55 lbs. Fully loaded and 

(depending on the camera) most flights are in the 16lb (min) - 30lb (max)

range.

 All aircraft are quipped with the A2 GPS flight control system with several 

levels of redundant safety features including a “go home” feature that 

allows the aircraft to return to the landing zone and land safely in the event 

of radio communications loss. 
Single Malt Media, L.L.C. Section 333; Exemption Petition 5

 All aircraft have a maximum altitude governor set for 50 feet below the 

FAA mandated 400 foot ceiling. All aircraft are also quipped with an iOSD 

providing the PIC real time visual information including battery level, 

altitude, attitude, air speed, heading and ascent or descent speeds. While 

commercially available this is a Single Malt Media mandated safety 

feature on all of our aircraft.

 All aircraft have an air speed governor set for 30-knots. This is a Single 

Malt Media mandated software based safety feature and cannot be altered 

by PIC.

 All aircraft have a maximum distance governor set for 500-yard maximum 

down range distance from aircraft’s designated home point. This is a 

Single Malt Media mandated safety feature and cannot be altered by the 

PIC.

 All aircraft are battery powered by (2) lithium polymer batteries. Another 

(redundant) Single Malt Media mandated safety feature. It is worth noting 

that this is another area where we have lobbied the industry for a “best 

practices” guideline of dual battery configurations for safety reasons (in 

the event of battery failure). No combustible fuels are used on any of our 

aircraft. PIC’s are advised to land when battery power reaches 40%, 

which is reinforced by a LED warning light on the airframe. Single Malt 

Media aircraft must land at 35% battery power.

 Single Malt Media publishes operational and flight guidelines in flight 

manual that all PICs must follow and have in their possession during all 

flight operations.

 Single Malt Media does not conduct flight operations near airports or in 

designated “restricted” or “no fly” zones. The UASs operating software on 

all of our aircraft automatically disables the aircraft in these designated 

areas preventing it from taking off.

 All UAS flight activities are in support of main production operations and 

are used for acquiring supplemental footage, scenic scenes and b-roll. 

UAS’s will not be flown over general public and only in the vicinity of 

authorized production personnel.

 Single Malt Media carries all available liability insurance coverage for the 

use of UAS in aerial cinematography.

 All flights are limited to (VLOS) visual line of sight.
Single Malt Media, L.L.C. Section 333; Exemption Petition 6

For these reasons listed, Single Malt Media’s operation of small UAS will mitigate 

risk and not “create a hazard to users of the NAS or the public.” 112 P.L. 95 § 

333 (b). Given the small size and multiple redundant safety features inherent to 

the technology and those further mandated by Single Malt Media, combined with 

our operations within “closed sets” and or “controlled access” and “permitted”

locations, Single Malt Media’s UAS operations fall well within Congress’s 

contemplated safety parameters when it authored the Reform Act and the 

corresponding directive to integrate UASs into the national airspace. 

We also believe that Single Malt Media’s safety standards and practices 

represent a “level above” what even the FAA is seeking in granting exemptions to 

UAS operators and may even serve to further enhance the FAA’s efforts in the 

evolving process of creating industry regulations as well as “best standards and 

practices.” Single Malt Media’s UASs have an industry leading, “0-loss” safety 

record and do not pose a threat to the general public or national security.

The FAA has the authority to issue an exemption to Single Malt Media, LLC 

pursuant to: The Federal Aviation Reform Act 85 P.L. 726 (1958)

As a public benefit, Single Malt Media will advance:

 Industry “best standards and practices” for UAS safety and flight 

operations.

 Reinforce public opinion on the positive impact of UAS technology and as 

a result furthering the economic viability of the industry.

 Further a rapidly evolving art form.

 Increase the overall quality of lower budget cable television programming 

that cannot meet the financial and insurance requirements of renting 

helicopters or fixed wing aircraft for filming.

 Create jobs and contribute to economic growth in an economy (and an 

East Coast entertainment market) that desperately needs them.

 Positive environmental impact through a reduction in carbon emissions.

 Reduce the dangers of using significantly larger aircraft carrying highly 

combustible fuels and as a result save lives.
Single Malt Media, L.L.C. Section 333; Exemption Petition 7

Summary

Single Malt Media and its’ employees have accumulated a combined 100 years 

of television and film production experience. We have filmed on location in some 

70 countries and on every inhabited continent on the planet. The ability to 

capture moving images from an elevated and moving perspective is something 

motion picture professionals wish they could include in just about every project. 

But due to limited budgets, and insurance requirements aerial photography is 

often cost prohibitive. Tragically, the quest to obtain this “birds eye perspective” 

when affordable has resulted in the loss of 33 of our friends and colleagues over 

the last 30 years -- as well as creating a very real risk to property and the public 

as a whole. The use of UAS technology to capture aerial imagery represents the 

most significant advancement in motion picture technology in the last 50 years. It

also represents the most significant safety advancement. 

Single Malt Media has been at the forefront of the testing of this technology for 

almost a decade. And we have designed and implemented safety and “best 

practices” procedures that put us at the forefront of this emerging field. As a 

result of our industry leading safety protocols, redundant designs and use of failsafe technology, Single Malt Media’s use of UAS minimizes the risk to both the 

NAS and to persons and property on the ground.

In summary, Single Malt Media is seeking exemption from the following 

Regulations:

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 61.3; (a) (1) (i); 

91.7 (a); 91.9 (b) (2); 91.103 (b); 91.105; 91.109; 91.119; 91.121; 91.151 (a); 

91.203 (a); 91.203 (a) & (b); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b); 112 

P.L. 95 §§ 331-334 to commercially operate our small lightweight UAS in closed 

set, restricted access and permitted television and motion picture operations. 

Single Malt Media respectfully requests that the FAA grant our exemption, as we 

feel that our exceptional safety record and creative professionalism are aligned 

with the FAA’s mission to provide the safest and most efficient aerospace system 

in the world and such exemption is in the public interest.

Respectfully,

Brian J. Kelly

Principal

Single Malt Media, LLC