David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

August 22, 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 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 

61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 

91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam, 

I, David Samson, am writing pursuant to the FAA Modernization and Reform Act 

of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, 

David Samson, an owner and operator of small unmanned aircraft, be exempted 

from the Federal Aviation Regulations ("FARs") listed below so that I, David 

Samson, may operate my small ultra light weight unmanned aircraft system 

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

Administration ("FAA"). 

As described herein I, David Samson, am a licensed REAL TOR, an agent at 

Windermere Napa Valley Properties; a real estate research and consulting 

services to individuals, as well as private and public entities, and I am 

experienced in flying hobby aircrafts for recreational purposes. 

I have a hobby grade DJI PHANTOM 2 VISION + quad-copter1 UAS equipped 

with an included original equipment manufacturer (OEM) digital camera. The 

intended use of this equipment will be for aerial videography/cinematography to 

enhance academic community awareness for those individuals entities and 

companies unfamiliar with the geographical layout of the greater Napa/Solano 

area and to augment real estate research analysis and for-sale listing 

photographs and videos; following exemption and approval by the FAA. Thereby 

enhancing the academic research experience for the greater Napa/Solano area. 
David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

1 have had no accidents or incidents and flown small RC electric aircrafts 

since 1987 without incident as I am committed to safety with each flight. 

My, David Samson exemption request would permit operation of an ultra 

lightweight, unmanned (piloted by remote control) and comparatively inexpensive 

UAS in controlled and limited airspace3• Predetermined in areas away from 

general public, airports, heliports and vehicular traffic for community photos and 

videos, and within property boundaries for individual property owner's, real estate 

listing videos/photos. Currently, similar lightweight, remote controlled UAS's are 

legally operated by unmonitored amateur hobbyists with no safety plan or 

controls in place to prevent catastrophe. I, David Samson, have personally 

instilled safety protocols and controls4 to avoid and prevent public hazard, as well 

as manned aircraft hazards/catastrophe. This will act to further safety protocols 

exclusive to lightweight UAS's specific to real estate video and photography 

usage as I, David Samson, record 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 my, David Samson's, request comports with the Secretary of 

Transportation's (FAA Administrator's) responsibilities and authority to not only 

integrate UAS's into the national airspace system, but to " ... establish 

requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system" under Section 333(c) of the Reform Act specific to the 

use of UAS's for real estate/REALTOR purposes. Further I, David Samson, will 

conduct my operations in compliance with the protocols described herein or as 

otherwise established by the FAA. 

For the reasons stated below I, David Samson, respectfully request the grant of 

an exemption allowing me to operate ultra light weight, remote controlled UAS's 

for academic community awareness to benefit/stimulate attraction to the greater 

Napa/Solano area and to enhance real estate research analysis and for-sale 

listing videos for property owners who cannot afford expensive manned aircraft 

for the same purpose. Both of which will promote local economic growth through 

increased employment and increased tax base. Both with public safety in mind 

by keeping heavier manned aircraft containing combustible fuel that that poses 

potential public hazard. 

UAV/UAS/UA Clarification 

The UAV/UAS/UA which I David Samson, will be operating is the DJI Phantom 2 

Vision +, referred hereafter as Phantom. The inherent safety features, 

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David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

sophistication, programmability, GPS navigation, return home capability, airport 

vicinity no-fly feature and restricted altitude feature, as well as differentiating 

radio frequency (rf) for aircraft controller/receiver and for the camera make this a 

much safer UAV for the purposes of this petition. This is a hobby grade radio 

controlled UAV that has the capacity for software upgrades. It is light, less than 3 

pounds including battery and camera. Incorporated into the programming of the 

Phantom is an automatic return home feature that automatically directs the craft 

back to point of take off should communication with the transmitter be lost. The 

Phantom has a cruising speed of 15 knots, with a maximum speed of 29 knots. 

Maximum flight time is 25 minutes. Gross weight is 2.86 pounds. 

The Phantom has an additional communication link between the camera and 

craft on a different rf for a smart phone connection. Allowing the operator or Pilot 

In Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. The DJI Phantom 2 Vision +'s 2.4 

ghz transmitter/controller/receiver rf for managing flight with a 5.8 ghz rf 

transmitter/receiver for video/photography functions eliminates possible rf 

conflict. 

The software for the Phantom allows the operator or PIC to set maximum altitude 

AGL for each flight, allowing customization of flights to no higher than 100 feet, 

150 feet, or 250 feet AGL as an examples. The 400 foot maximum AGL can be 

programmed into the UAV's software pre-flight to insure compliance with FAA 

standards. Adding to the safety capabilities of this UAV. This UAV is 

programmed to remain in position when controls are released. Maintaining 

altitude and GPS location. 

The Phantom has an altitude and radar monitoring function that allows the 

operator more precise determination of height, direction of flight and distance 

from the operator PIC. The operator or PIC can monitor GPS lock status while 

UAV is in flight, with the ability to anticipate Joss of GPS locking so the operator 

or PIC can land the UAVas a precaution. 

The Phantom has many inherent safety features, including sophistication, 

programmability, GPS navigation, return home capability, airport vicinity no-fly 

feature and restricted altitude feature, as well as differentiating radio frequency 

(rf) for aircraft controller/receiver and for the camera make this a much safer UAV 

for the purposes of this petition. 

This is a hobby grade radio controlled UAV that has the capacity for software 

upgrades. It is light, less than 3 pounds including battery and camera. 

Incorporated into the programming of the Phantom is an automatic return home 

feature that automatically directs the craft back to point of take off should 

communication with the transmitter be lost. The Phantom has a cruising speed of 

15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. 

Gross weight is 2.86 pounds. 
David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

The Phantom has an additional communication link between the camera and 

craft on a different rf for a smart phone connection. Allowing the operator or Pilot 

In Command (PIC) to monitor battery level, altitude (AGL), and distance from 

PIC, camera imagery, and control camera angle. 

The Best explanation of the Phantom's sophistication and capabilities can be 

observed through a video explanation of an earlier model that was predecessor 

to the Phantom 2 Vision + through link http://youtu.be/3mqj-WBRKmE. The 

Phantom 2 Vision + maintains all capabilities defined in the video. 

Specific UAV/UAS/UA 

The particular UAV/UAS/UA which I, David Samson, will be operating is the 

DJI Phantom 2 Vision+ Serial Number PH6451272149 

Settings 

• Height limitation set for maximum of 300 feet AGL 

• Radius distance from controller set for maximum of 1 000 feet, both to aid 

in direct line of site and visual observation. 

Current firmware upgrades for 

• Main Controller 

• GPS 

• Receiver 

• Battery 

• Zen IMU 

Similarities, Distinctions and Differences of other recently 

approved Exemptions/Petitions 

As with several other recently approved similar petitions and exemptions 

including that of Astraeus Aerial (FM-2014-0352), referred hereafter as the 

Astraeus Petition, and that of Douglas Trudeau (FM-2014-0481 ), referred 

hereafter as the Trudeau Petition, this David Samson Petition has a number of 

similarities, distinctions and differences. 

Like the Astraeus and Trudeau Petitions, this David Samson Petition, is for UAV 

operation without pilot, passengers nor property on board. Understanding that 

the Phantom UAV is a sophisticated hobby grade quad-copter with gross weight 

less than 3 pounds; however, I David Samson am requesting a waiver or 

exemption for a private pilot certificate. 

As with Trudeau Petition, I David Samson am using a UAV that has the 
David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

capability for taking off and landing at a single point, identical to a helicopter. 

There are no runways, aided take off apparatuses, nor routes that need to be 

flown to areas being aerial video recorded or photographed. Allowing a reduced 

and more confined area of flight. 

The Astraeus Petition is for movie sets involving a significant number of people, 

non-aerial equipment, moving or action sequences, and a potentially broad 

geographical area where individuals and equipment may be in motion. Requiring 

extensive observation, awareness, coordination and safety precautions. My 

David Samson petition is similar to the Trudeau Petition in that it is for video/ 

photography of stationary objects requiring briefer periods for recording in a 

tightly confined area. The stationary setting of objects poses a significantly lower 

risk for safety, allowing the operator or Pilot In Command (PIC) to focus primarily 

on stationary objects for shorter periods of time. With the movie action scenes, 

associated with the Astraeus Petition, numerous takes may require repeated 

flights, whereas a stationary object would in most cases require only a single 

flight. 

As with the Trudeau Petition My David Samson Petition will require property 

owner written consent for aerial video/photography prior to flight. Signs will be 

posted cautioning anyone within vicinity to remain back a minimum of 200 feet. 

Observer(s) to assist and warn/advise the PIC will be utilized in situations where 

spectators may be within 500 feet of the flight area. 

As with the Trudeau Petition, I David Samson requests modification, waiver or 

exemption and clarification (within reason) concerning section 91.119 prohibition 

of flight in congested areas. Such restriction puts home and other real property 

owners in subdivisions at a disadvantage by limiting enhanced marketing of their 

homes and properties; thereby discriminating against them. Vertical takeoff and 

landing while video recording or photographing a home can allow an enhanced 

perspective for view or proximity of mountains, golf course, manmade lake or 

other attractions not possible through ground level video recording or 

photography. I David Samson request waiver for this condition to allow 

reasonable and responsible aerial video/photography in congested areas of 

subdivisions and neighborhoods. 

As in the Trudeau Petition the single UAV utilized in my David Samson Petition is 

a hobby grade quad-copter that does not require an airman certificate for noncommercial flight involving less restrictive less regulated flight. 

As in the Trudeau Petition the motors, rotors, propellers, body/frame, landing 

pads, etc. for the UAV utilized in my David Samson Petition are not complicated. 

Engineering and design allows layman maintenance. Like the Astraeus and 

Trudeau Petitions, I David Samson requests waiver or exemption for markings 

due to the small size of the fuselage for the Phantom 2 Vision +. 
David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

Recording part replacement for this UAV may prove impractical or redundant due 

to the simplicity of the craft. As in the Therefore Petition, I David Samson 

requests waiver or exemption for maintenance records. However, pre-flight 

inspection for cracks, damage or other physical conditions that could hamper 

safe flight is a reasonable expectation. As well as post flight inspection that may 

aid in identifying flight conditions that may cause stress to propellers, landing 

gear, etc. Thorough inspection of UAV shall be conducted and flight response 

tested should a hard landing or crash occur. Insuring that the UAV can operate in 

a safe manner before conducting any further video/photography. 

As with the Trudeau Petition, I David Samson requests waiver/exemption from 

Section 91.203 (a) since the Phantom is a hobby grade UAV/UAS that should not 

require an airworthiness certificate nor a registration certificate. Posting of special 

flight authorization would not be possible since the Phantom has no cabin and is 

not large enough to carry a certificate. However, a special flight authorization can 

be maintained by the operator to make available upon request. 

In compliance with Section 90.151 (a) the Phantom is a battery operated 

UAV/UAS with battery level monitoring capability. Fully charged battery flight time 

is rated at 25 minutes, with videos/photos taking much less time to record. 

Operator or PIC is warned when battery level is low. 

Contact Information: 

David Samson, Agent 

Windermere Napa Valley Properties, 

1 040 3rd Street 

Napa, CA 94559 

Office: (707) 226-1823 

Mobile: (707) 342-0809 

Email: DSamson@Windermere.com 

The Specific Sections of Title 14 of the Code of Federal Regulations From Which 
David Samson, REAL TOR®, Napa California • Section 333 Exemption Petition 

David Samson Requests Exemption are: 

14 CFR21; 

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). 

The Extent of relief David Samson seeks and the Reason He 

Seeks Such Relief: 

I, David Samson, submit this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating 

to prevent me, David Samson, contemplated commercial cinematic, academic 

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. My, David 

Samson's, ultra light weight UAS meets the definition of "small unmanned 

aircraft" as defined in Section 331 and therefore the integration of my ultra light 

weight UAS is expressly contemplated by the Reform Act. I would like to operate 

my 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 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: The weight, size, speed and overall capabilities 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 me, David Samson. My UAS utilizes 

four (4) counter-rotating propellers for balance, control and stability. My UAS is 

equipped with GPS and auto return safety technology. Weighing less than three 

(3) pounds (far below the maximum 55-pound limit); including camera with 

gimbal. 

I, David Samson, consider safety as foremost with each flight. My smallunmanned aircraft is designed to hover in place via GPS and operate in less than 

a 24-knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly 

in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode 

that allows my UAS to hover in place when radio controls are released. I utilize 

this mode for aerial videography/photography. This is the safest, most reliable 

and stable mode to prevent accident and hazard. When pilot communication is 

lost UAS is designed slowly descend to point of take off. I do not operate my 

UAS near airports, Hospitals nor Police heliports, and do not operate near areas 
David Samson, REAL TOR®, Napa California • Section 333 Exemption Petition 

where general public is within fifty to one hundred (50-100) yards depending on 

location, conditions and weather. I am 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 my location 

or I suspect manned aircraft may approach near my location. My UAS is capable 

of vertical and horizontal operations, and are flown only within my line of sight of 

me, as the remote control pilot. Utilizing battery power rather than combustible 

fuels, flights generally last between five (5) to ten (10) minutes, with an altitude 

under one hundred fifty (150) feet. I, David Samson, utilize a fresh fully charged 

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

is twenty (20) to twenty five (25) minutes as tested. I do not operate my UAS at 

or below manufacture recommend 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. I do not believe in taking 

risk that may cause a crash that could create hazard to the public/property/ 

manned aircraft, and have no desire to lose an investment. I have clocked 

numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of this 

specific UAS's performance under different temperature and weather conditions. 

I also practice computerized simulated flights to maintain adequate skills and 

response reflex time. All for the sake of safety. 

I, David Samson's, am extremely cautious when operating of my UAS/ultra light 

weight 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 my 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. David Samson's UAS, used in hobby flight, 

has a demonstrable safety record and does not pose any threat to the general 

public or national security. 

How David Samson's Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has 

been around for a long time through manned fixed wing aircraft and helicopters. 

For small budget real estate companies and average homeowners the expense 

of such aerial videography is cost prohibitive. Only large companies and high end 

REAL TORs or luxury homeowners can afford to absorb such expense. Depriving 

non-luxury homeowners and lower budget REAL TORs from a valuable marketing 

tool. My, David Samson's, UAS pose no such threat since size and lack of 

combustible fuel alleviates any potential threat to the public. 
David Samson, REAL TOR®, Napa California - Section 333 Exemption Petition 

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 my, David Samson's, exemption request furthers the 

public interest through academic/visual awareness of the geographical benefits in 

and around the Napa/Solano area. My ultra lightweight UAS is battery powered 

and creates no emissions that can harm the environment. The consequence of 

my ultra light weight 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 threat by 

permitting aerial video/photo capture through my battery operated ultra 

lightweight UAS's. Permitting me, David Samson, to immediately fly within 

national air space furthers economic growth. Granting my exemption request 

substantially furthers the economic impact for the Napa/Solano community for 

companies looking to relocate or build in the Napa/Solano area as well as 

individuals looking to relocate for career advancement through academic and 

geographical awareness. Both of which serve as a stimulus to the community. 

Reasons Why David Samson's Exemption Will Not Adversely 

Affect Safety Or How The Exemption Will Provide a Level of 

Safety At Least Equal To Existing Rule: 

My, David Samson's, exemption will not adversely affect safety. Quite the 

contrary, for the reasons stated permitting me, David Samson, to log more flight 

time in FAA controlled airspace, with communication with the FAA, will allow me 

to contribute to the innovation and implementation of new and novel, as of yet 

undiscovered safety protocols for REAL TORs that can be embraced by the 

NAR5, and GLVAR, for development in cooperation with the FAA. In addition I, 

David Samson, submit the following representations of enhancements to current 

aerial videography and photography for real estate: 

• I am studying for my private pilot license. 

• My UAS weighs less than 5 pounds complete with the OEM digital 

camera; 

• I only operate my UAS below 200 feet (well within the 400 foot 

permissible ceiling set by the FAA Modernization and Reform Act of 

2012); 

• My UAS only operate for 5-1 0 minutes per flight; 

5 National Association of REAL TORs, http://www.REAL TOR.org/ 

6 Greater Las Vegas Association of REAL TORs, http:/ jwww.Iasvegasrealtor.com