Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of2012 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the 

"Reform Act") and the procedures contained in 14 C.F.R. 11, to request that Jason 

Spiewak d/b/a Spiewak Photography, an owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below 

so that Jason Spiewak d/b/a Spiewak Photography may operate its small unmanned 

aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace 

regulated by the Federal Aviation Administration ("FAA"); as long as such 

operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA as required by Section 333. 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 identified and described herein, Jason Spiewak, and his company Spiewak 

Photography, is experienced and recognized in the marketing media industry. Mr. 

Spiewak and his previous companies have been providing marketing media for the 

real estate and luxury lifestyle industry for the past two (2) years. Mr. Spiewak has 

also been an avid R/C model flyer and operator for over twelve (12) years. Mr. 

Spiewak has been approached by many new and existing clients seeking to engage 

his marketing media services including large real estate firms such as Sotheby's. 

Jason Spiewak has been actively involved in the technical development of 

UAS/UAV service applications to provide high definition pictures and film by aerial 

cinematography and photography with small, unmanned aircraft and lightweight 

UASs. It is currently one of the very few individuals that is developing advanced 

technical applications and abilities for future commercial service applications. 

Spiewak Photography has fully equipped each of its small unmanned aircraft for 

aerial photography and cinematography, primarily for use in marketing materials and television broadcast, though given their stability and maneuverability, they may 

be used for other cinematography and photography, by law enforcement personnel, 

search and rescue and by other first responders. 

To date, Spiewak Photography has rejected all offers to work with 

commercial television production companies, real estate firms, and yacht 

brokerages on locations within the United States, to ensure it is in compliance with 
lightweight, unmanned (remotely controlled in line of sight) UASs in tightly 

controlled and limited airspace. Predetermined, specifically marked areas of 

operation, cordoned off locations and corresponding enhancements to current 

safety controls will allow Spiewak Photography to operate within current safety 

parameters and new ones being implemented. As identified, similar lightweight, 

remote controlled UASs are legally operated by amateurs with no flight experience, 

safety plan or controls in place to prevent catastrophe. Spiewak Photography will 

monitor, evaluate, and implement all aerial photography and cinematography 

activities with a pre-flight safety and flight plan system. This will act to further 

safety protocols exclusive to lightweight UAS's specific to real estate video and 

photography usage as Spiewak Photography records flight data and other 

information gained through permitted flight operations to share with the FAA 

through any required FAA reports to assist with future protocol and safety 

regulation. 

Granting Spiewak Photography's request comports with the Secretary of 

Transportation's (FAA Administrator) responsibilities to not only integrate UASs into the nation airspace system, but to " ... establish requirements for the safe 

operation of such aircraft systems [UASs] in the national airspace system" under 

Section 333(c) of the Reform Act Further, Spiewak Photography will conduct its 

operations in compliance with the protocols described herein or as otherwise 

established by the FAA. 

Spiewak Photography respectfully requests the grant of an exemption 

allowing it to operate lightweight, remote controlled UAS's. 

Name and Address of the Petitioner: 

Jason Spiewak d/b/a Spiewak Photography 

1900 N Bayshore Drive, 3004 

Miami, Florida 33132 

(305) 812-1211 

jasonspiewak@gmail.com 

The Specific Sections of Title 14 of the Code ofF ederal Regulations, Spiewak 

Photography Requests Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113(a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 

407(a)(1); 14 CFR 409(a)(2); and 14 CFR 417 (a) & (b) 
Relief: 

Jason Spiewak submits this application in accordance with the Reform Act, 112 P.L. 

95 §§ 331-334, seeking relief from any currently applicable FARs operating to 

prevent Spiewak Photography from pursuing contemplated commercial cinematic, 

academic, research and other flight operations within the national airspace system. 

The Reform Act in Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public's interest to 

do so. The DJI Phantom 2, operated by Spiewak Photography, is an ultra light 

weight UAS and meets the definition of "small unmanned aircraft" as defined in 

Section 331; therefore, the integration of Spiewak Photography's ultra lightweight 

UAS is expressly contemplated by the Reform Act. Spiewak Photography would like 

to operate it's ultra lightweight UAS prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such craft. Thereby, providing 

direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate and marketing related UAS aerial video and 

photography. 

The Reform Act guides the Secretary in determining the types of UAS's that may 

operate safely in our national airspace system. Considerations include: weight, size, 

speed, and overall capability of the UAS's; whether the UAS will be operated near 

airports or heavily populated areas; and whether the UAS will be operated by line of 

sight. 112 P.L. 95 § 333(a). Each of these items reflect in favor of an exemption for 

Jason Spiewak d/b/a Spiewak Photography. 

Spiewak Photography's UAS utilizes four (4) counter-rotating propellers for 

extreme balance, control, and stability. The UAS is equipped with GPS and auto 

return safety technology. Weighing less than ten (10) pounds (well below the 

maximum 55 pound limit); including camera with gimbal. 

Spiewak Photography considers safety as foremost with each flight. The small 

unmanned aircraft is designed to hover in place via GPS and operated in less than 24 

knot wind. For safety, stability, and fear of financial loss Spiewak Photography will not fly in winds exceeding 16 knots or 10 miles per hour. Built in safety systems 

include a GPS mode that allows the UAS to hover in place when radio control inputs 

are released. With three modes to choose from, Spiewak Photography utilizes the 

Smart Mode1 for aerial videography /photography. This is the safest, most reliable 
heliports, or any areas where the general public is within fifty to one hundred (50-

100) yards depending on location, conditions, and weather. The UAS operating 

software and GPS navigation systems do not allow Spiewak Photography's UAS to 

operate near airports or restricted fly zones. The failsafe software will disable the 

UAS from taking off and also limit the UAS systems from operating within specific 

GPS preset no-fly zones. Jason Spiewak is constantly on alert for any manned 

aircraft (police, medical, helicopters, etc.) and prepared to land/abort immediately 

to the nearest and safest ground point should a manned aircraft approach the 

location or Jason Spiewak believes manned aircraft may approach near the location. 

The UAS is capable of vertical and horizontal operations, and are flown only within 

line of sight, as the remote control pilot. Utilizing batter power rather than 

combustible fuels, flights generally last between eighteen (18) and twenty (20) 

minutes, with an altitude under one hundred and fifty (150) feet. 

Jason Spiewak d/b/a Spiewak Photography, utilizes a fresh fully charged battery 

with each flight as a safety precaution; full flight time limit for each battery is 

eighteen (18) to twenty (20) minutes as tested. Spiewak Photography will not 

operate the UAS at or below manufacturer recommended minimum charge levels 

for operation, preferring to remain well within a safe operating range to insure 

adequate communication between radio control and UAS to eliminate potential for 

crash, loss of control or hazard. Reserve batteries are at hand with each exercise to 

insure replacement for sufficient safe level of operation. Spiewak Photography is 

risk averse and does not believe in taking risks that may cause a crash that could 

create hazard to the public/property /manned aircraft. Spiewak Photography has 

clocked over 200+ hours of hobby level flights for future commercial use to gain 

familiarization with the characteristics of this specific UAS's performance under 

different temperature and weather conditions. Jason Spiewak also practices using 

computerized simulated flights to maintain adequate skills and response reflex time. 

Spiewak Photography is extremely cautious when operating its UAS/ ultra 

lightweight unmanned aircraft and will not "create a hazard to users of the national 

airspace system or the public." 112 P.L. 95 § 333(b). Given the small size and weight 

of the UAS it falls well within Congress's contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UAS's into 

the national airspace system. The UAS, used in hobby flight, has a demonstrable 

safety record and does not pose any threat to the general public or national security. 

1 Smart Mode includes GPS Geofence radius for operation, position hold, selfleveling, altitude command, return home feature or land in the event of 

communication interruption between RC transmitter and UAS. See Appendix A 
homeowners, and small videography companies the expense of such aerial 

videography is cost prohibitive. Only large companies and high end realtors or 

luxury homeowners can afford to absorb such expenses. Accordingly, the majority 

of homeowners and realtors are deprived from a valuable marketing tool. Manned 

aircraft pose a threat to the public through potential catastrophic crashes that the 

community has experienced in the past with military, medical and news/tourism 

helicopter crashes within the city of Miami, resulting in loss of life, and with 

combustible fuel that exploded and burned on impact. The UAS operated by 

Spiewak Photography poses no such threat because the size and lack of combustible 

fuel alleviates any potential threat to the public. 

Congress has already proclaimed that it is in the public's interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of 

the Reform Act. Granting the exemption request of Jason Spiewak d/b/a Spiewak 

Photography furthers the public interest through visual awareness of the 

geographical benefits in and around the South Florida area and promotes small 

business growth and competitiveness in the area. It will provide additional jobs 

related to photography, videography, and cinematography editing and shooting. 

The ultra lightweight UAS is battery powered and creates no emissions that can 

harm the environment. The consequence of the ultra lightweight UAS crashing is far 

less than a full size helicopter or fixed wing aircraft; which are heavy, contain 

combustible fuel and can cause catastrophic devastation to the public. 

The public's interest is furthered by minimizing ecological and crash threats by 

permitting aerial video/photo capture through a battery operated ultra lightweight 

UAS. Permitting Jason Spiewak d/b/a Spiewak Photography to immediately fly 

within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the South Florida community 

for companies looking to relocate or build in the South Florida area as well as 

individuals looking to relocate for career advancement. Granting the exemption 

serves as a stimulus to the community. 

Reasons Why Jason Spiewak d/b/a Spiewak Photography's Exemption Will 

Not Adversely Effect Safety and How the Exemption Will Provide a Level of 

Safety at Least Equal to the Existing Rule: 

The exemption for Jason Spiewak d/b/a Spiewak Photography will not adversely 

affect safety. Quite the contrary, for the reasons stated Jason Spiewak will be 

allowed to log more flight time in FAA controlled airspace, with communication with 

the FAA, allowing Jason Spiewak to contribute to the innovation and 
• Spiewak Photography's UAS is operated below 300 feet (well within the 400 

ft. permissible ceiling set by the FAA Modernization and Reform Act of 2012); 

• Spiewak Photography's UAS is only operated for 18-20 minutes per flight; 

• Spiewak Photography's UAS is landed prior to manufacturer recommended 

minimum level of battery power; 

• Spiewak Photography's UAS is piloted through remote control by line of 

sight; 

• Spiewak Photography's remote control pilots have video backup should they 

somehow lose sight of the UAS; 

• Spiewak Photography's UAS has a GPS and flight safety feature whereby it 

hovers and then slowly lands if communication with the remote control pilot 

is lost; 

• Spiewak Photography's flight data is actively analyzed to constantly update 

and enhance safety protocols; 

• Spiewak Photography's UAS is operated only in a reasonably safe 

environment that is strictly controlled and away from power lines, elevated 

lights, airports, and actively populated areas; 

• Spiewak Photography performs extensive pre-flight inspections and 

protocols are conducted; 

• Spiewak Photography obtains permission prior to operating • Spiewak Photography has procedures in place to abort flights in the event of 

safety breaches or potential danger 

The safety protocols implemented by Jason Spiewak d/b/a Spiewak Photography 

provide a level of safety equal to or exceeding existing rules. It is important to note 

that absent the integration of commercial UAS into our national airspace system, 

helicopters are the primary means of aerial video and photography for community 

awareness and marketing of real estate and personal property. While the safety 

record of such helicopters is remarkably astounding, there has been local incident 

involving loss of life as well as extensive property damage; it is far safer to operate a 

battery powered ultra lightweight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on board 

and only operate in specific areas away from mass populations. Second, there is no 

fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. Third, the small size and extreme maneuverability of the UAS allows 

the pilot to remotely avoid hazards quickly and safely. Finally, given its small size 

and weight, even when close enough to capture amazing images, the UAS need not 

be so close to the objects they are focused on through the technology and use of post 

editing software allowing pan and zoom. 
A. 14 C.F.R. 21 & 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like 

14 C.F.R. 21, subpart H, entitled Airworthiness Certificates, sets forth requirements 

for procurement of necessary airworthiness certificates in relation to FAR § 

91.203(a)(1). The size, weight, and enclosed operational area of Spiewak 

Photography's UAS permits exemption from Part 21 because the UAS meets (and 

exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act 

The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701(f)) and Section 333 of the 

Reform Act Both pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. 

Spiewak Photography's current and projected UASs' meet and exceed each of the 

elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

F ARs, this regulation is inapplicable. 

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft As there are no 

on-board pilots or passengers, and given the size of the UAS, this regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

safety /flight manual delineating areas of where safety can be defined. 2 The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738,9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,10700 and 32827. 

14 C.F.R. 91.121 regarding altimeter settings inapplicable insofar as the UAS utilizes 

electronic global positions systems with barometric sensor. 

14 C.F.R. 91.203(a) and (b) provides for the carrying of civil aircraft certifications 

and registrations. They are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required 

certifications and registrations by Spiewak Photography. 

B. 14 C.F.R. § 45.23: Marking the Aircraft 

2 Appendix_- Safety /Flight Manual 
by placing the word 

EXPERIMENTAL

 on its fuselage as required by 14 C.F.R. 

§45.29(f) so that the pilot, or anyone assisting the pilot as a spotter with the UAV 

will see the markings. The FAA previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A, and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC 

Pursuant to 14 C.F.R. §§ 61.113(a) & (b), private pilots are limited to noncommercial operations. Jason Spiewak d/b/a Spiewak Photography can achieve an 

equivalent level of safety as achieved by current regulations because its UAS does 

not carry any pilots or passengers. Further, while helpful, a pilot license will not 

ensure remote control piloting skills. The risks related to the operation of the UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. 

§ 61, et seq. Thus, allowing Spiewak Photography to operate its UAS to meet and 

exceed current safety levels in relation to 14 C.F.R. §§ 61.113(a) & (b). 

D. 14 C.F.R. § 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. The UAS 

will never operate at an altitude greater than 300 AGL; safely below the standard of 

400 AGL. Spiewak Photography will however, operate its UAS in safe areas away 

from public and traffic, providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes. Given the size, weight, maneuverability 

and speed of its UAS, an equivalent or higher level of safety will be achieved. 

E. 14 C.F.R. § 91.405(a), 407(a)(1), 409(a)(2), 417(a) & (b): Maintenance 

Inspections 

The above-cited regulations require, amongst other things, aircraft owners and 

operators to "have aircraft inspected as prescribed in subpart E of this part and shall 

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

have discrepancies repaired as prescribed in part 43 of this chapter .... " 

These regulations only apply to aircraft with an airworthiness certificate. 

Therefore, they will not apply to Spiewak Photography's UAS. However, as a safety 

precaution Spiewak Photography inspects its UAS before and after each flight 

A summary the FAA May Publish in the Federal Register: 14 C.F.R. 21 and 14 C.F.R. 

91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, subpart H, 
Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS's from the airworthiness certificate requirement in consideration of weight, 

size, speed, maneuverability and proximity to areas such as airports and dense 

populations. Spiewak Photography's UAS meets or exceeds each of these elements. 

14 C.F.R. § 91.7(a) prohibits the operation of aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by 

the FARs, this regulation is inapplicable. 14 C.F.R. § 91.9(b)(2) requires an aircraft 

flight manual in the aircraft. As there are no pilots or passengers, and given the size 

of the UAS, this regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a manual. The FAA has previously issued exemptions to 

this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level of safety will 

be achieved. 

In summary, Jason Spiewak d/b/a Spiewak Photography seeks an exemption 

from the following regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 

91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 

14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) & (b) to 

commercially operate its small unmanned vehicle/lightweight unmanned aircraft 

vehicle to promote community awareness and develop economic platforms and 

marketing media for real estate and personal property owners and sales agents. It 

will enhance the South Florida economy and the experience of those seeking to 

relocate to South Florida. Currently, aerial videography /photography relies 

primarily on the use of larger aircraft running on combustible fuel which poses 

potential risk to the public. Granting Spiewak Photography's request for exemption 

will reduce current risk levels and thereby enhance safety. Spiewak Photography's 

UAS does not contain or use potentially explosive fuel, is smaller, lighter, and more 

maneuverable than conventional video and photographic aircraft with much less 

flight time. Further, Spiewak Photography operates at lower altitudes and in 

controlled airspace eliminating potential public risk flying to and from established 

air fields. Spiewak Photography has been informally analyzing flight information 

and has compiled safety protocols and implemented a flight operations manual for 

UAS usage that exceeds currently accepted means and methods for safe flight. 

Formal collection of information shared with the FAA will enhance the FAA's 

internal efforts to establish protocols for complying with the FAA Modernization 

and Reform Act of 2012. There are no personnel on board the UAS diminishing the