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

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May 21, 2015 United States Department of Transportation Docket Operations, M -30 1200 New Jersey Avenue, SE West Building, Ground Floor , Room W1 2 - 140 Washington, DC 

### RE: **Exemption Request Pursuant to Section 333 of the FAA Reform A** **ct of 2012 .**  Dear Sir or Madam, Weare 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 Wa iver for Motion Picture and Television F ilming, 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 productio n companies prior to launching Single Malt Media in 2009. Mr. Kelly was one of the earliest advocates for the safe and effective use of UAS s 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 

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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 foun d by following the link
. http://deadline.com/2014/04/helicopter-crash -deaths- hollywood -safety- history709487/ The bottom line -- since 1980, **33** television and film crew members have been killed in aviation related accidents while on the job. That is an average of one a year. Wh ile 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 UAS s furthering their viability as safe and effective camera platforms. It is worth noting, (as a cred it 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 developmen t 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 S ingle Malt Media an exemptio n 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 wa ivers and meeting all other FAA stipulations, conditions and limitations
.Single Malt Media, L.L.C. Section 333; Exemption Petition 

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**Contact Information** Brian J. Kelly Principal Single Malt Media 13101 Blue Wi llow 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 A re:**  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 busi ness unit would not be viable. B ut 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 

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The FAA has granted similar exemptions in material respect by way of Exemptio n Nos. 11062 to Astraeus Aerial; 11109 to Clayco, In c.; 11112 to VDOS Global, LLC. ; a nd 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 M alt Media: 

### Single Malt Media UA **S’s SOPs and Equipment**  **:**
 **Ai rcraft**  : **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 a re ( by design ) equipped with a minimum of 6 -engines
. W hile provide exceptional stability , this feature also provide s 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 u se (2 ) Industry leading Futab a 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 16 lb (min) - 30lb (m ax) 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 

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 All aircraft have a maximum altit ude 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 speed s . W hile commercially available this is a Single Malt Media mandated safety feature on all of our aircraft
.  All aircraft have a n 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 ai rcraft 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 a ircraft must land at 35% battery power.
 Single Malt Media publishes operational and flight guidelines in flight manual that all P ICs 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 UAS s 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 a ll 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 

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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
. Wealso believe that Single Malt Media’s safety standards and practices represent a “ level above ” what even the FAA is seeki ng 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 a n 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 w ill advance:** 

 Industry “best sta ndards and p ractices” 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 ra pidly 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 g rowth 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 

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**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 insuran ce 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 rea l 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 fail safe 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 wo rld a nd such exemption is in the public interest. Respectfully, Brian J. Kelly Principal Single Malt Media, LLC