David Samson, REAL TOR®, Napa California

- Section 333 ExemptionPetition



### August 22, 2015

U. S. DepartmentofTransportation Docket Management System 1200 NewJerseyAve, 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)

DearSiror 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 ofsmall 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 REALTOR, 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 aircraftsfor 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 ofthis equipment will be for aerial videography/cinematography to enhance academic community awareness forthose individuals entities and companies unfamiliar with the geographical layout ofthe 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 experienceforthe greater Napa/Solano area.David Samson, REALTOR®, NapaCalifornia

- Section333 Exemption Petition

1have had no accidents or incidents and flown small RC electric aircrafts since 1987without incidentas Iam committed to safetywith eachflight.

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 trafficfor community photos and videos, andwithin property boundariesfor individual propertyowner'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, aswell 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 reportstoassistwith 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) ofthe Reform Act specificto 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.
Forthe reasons stated below I, David Samson, respectfully request the grantof an exemption allowing me to operate ultra lightweight, 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 forthe same purpose. Both ofwhich 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/UAClarification
The UAV/UAS/UAwhich I David Samson, will be operating isthe DJI Phantom 2 Vision +, referred hereafter as Phantom. The inherent safety features,

3 AppendixA- GreaterLas Vegas NVMetroAis pace 4 Appadli:B- PersonalProtocalandControiDavid Samson, REAL TOR®, NapaCalifornia

- 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 forthe camera make this a much safer UAV forthe purposes of this petition. This is a hobby grade radio controlled UAVthat hasthe capacityforsoftware upgrades. It is light, lessthan 3 pounds including battery and camera. Incorporated into the programming ofthe Phantom is an automatic return home feature that automatically directsthe craft back to point oftake off should communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of29 knots. Maximumflighttime is25 minutes. Grossweight is2.86 pounds.
The Phantom has an additional communication link between the camera and craft on a different

### rffora smart phone connection. Allowing the operatoror 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 softwareforthe Phantom allowsthe operatoror PIC toset maximum altitude AGL for each flight, allowing customization offlights 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 ofGPS locking so the operator orPIC can land the UAVasa 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)foraircraftcontroller/receiverand forthe camera makethis a much safer UAV forthe purposesofthis 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 ofthe Phantom is an automatic return home feature that automatically directs the craft back to point of take off should communication with thetransmitter be lost. The Phantom hasa cruising speed of 15knots, with a maximum speed of29 knots. Maximum flighttime is 25 minutes. Grossweight is 2.86 pounds.David Samson, REALTOR®, NapaCalifornia

- Section 333 Exemption Petition

The Phantom has an additional communication link between the camera and craft on a different rffor a smart phone connection. Allowing the operatoror 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 ofan earlier model that was predecessor to the Phantom 2 Vision + through link http://youtu.be/3mqj-WBRKmE. The Phantom 2Vision + maintainsall capabilitiesdefined inthevideo. 

### Specific UAV/UAS/UA
The particular UAV/UAS/UAwhich I, David Samson, will be operating isthe DJI Phantom 2Vision+ Serial NumberPH6451272149 Settings • Height limitation setfor maximum of300feetAGL • Radius distancefrom controllersetfor maximum of 1000 feet, both to aid in direct line ofsite and visual observation.
Currentfirmware upgradesfor • Main Controller • GPS • Receiver • Battery • Zen IMU


### Similarities, Distinctionsand Differences ofotherrecently 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, distinctionsand differences.
Like theAstraeus 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-copterwith gross weight less than 3 pounds; however, I David Samson am requesting a waiver or exemptionfora private pilotcertificate.

As with Trudeau Petition, I David Samson am using a UAV that has theDavid Samson, REALTOR®, 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 offlight.
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 ofobjects poses a significantly lower risk for safety, allowing the operatoror Pilot In Command (PIC) to focus primarily on stationary objects for shorter periods oftime. 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 of200 feet. Observer(s) to assist and warn/advise the PIC will be utilized in situations where spectators may be within 500 feet ofthe flight area. As with the Trudeau Petition, I David Samson requests modification, waiver or exemption and clarification (within reason) concerning section 91.119 prohibition offlight in congested areas. Such restriction puts home and other real property owners in subdivisions at a disadvantage by limiting enhanced marketing oftheir 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. forthe 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 duetothe small size ofthefuselage forthe Phantom 2Vision +.David Samson, REALTOR®, Napa California

- Section 333 Exemption Petition Recording part replacementforthis UAV may prove impractical orredundant 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 orcrash occur. Insuring thatthe UAV can operate in a safe mannerbefore conducting anyfurthervideo/photography.
As with the Trudeau Petition, I David Samson requests waiver/exemption from Section 91.203 (a) sincethe Phantom is a hobby grade UAV/UASthat should not require an airworthiness certificate nora registration certificate. Posting ofspecial flight authorization would not be possible since the Phantom has no cabin and is not large enough to carry a certificate. However, a specialflight authorization can be maintained bythe operatorto make available upon request.
In compliance with Section 90.151 (a) the Phantom is a battery operated UAV/UASwith battery level monitoring capability. Fullycharged batteryflighttime is rated at 25 minutes, with videos/photos taking much less time to record. Operatoror PIC iswarned when battery level is low.



### Contact Information:
David Samson, Agent Windermere NapaValley Properties, 1

040 3rd Street Napa, CA94559 Office: (707) 226-1823 Mobile: (707) 342-0809 Email: DSamson@Windermere.com
The Specific Sections ofTitle 14ofthe Code ofFederal Regulations From WhichDavid Samson, REALTOR®, NapaCalifornia• Section 333 Exemption Petition
David Samson Requests Exemption are:
14CFR21; 14C.F.R. 45.23(b); 14CFR61.113 (a) & (b); 14C.F.R. 91, etseq.; 14CFR407 (a) (1); 14CFR409 (a) (2); and, 14CFR417 (a) & (b). 

### The ExtentofreliefDavid Samsonseeksandthe Reason He Seeks Such Relief: I, David Samson, submitthis application in accordance with the Reform Act, 112 P.L. 95 

### §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, David Samson, contemplated commercial cinematic, academic and otherflightoperationswithinthe national airspacesystem. The ReformAct in Section 332 provides for such integration ofcivil 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 bythe Reform Act. Iwould 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 ofthe UAS's; Whether the UASwill be operated nearairports orheavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 

### § 333 (a). Each ofthese 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 isdesignedto hover in placevia GPS and operate in lessthan a 24-knot (15 mph)wind. Forsafety, stability and fearoffinancial loss Iwill notfly inwindsexceeding 16 kph (10 mph). Built in safetysystems includea 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 oftake off. I do not operate my UAS nearairports, Hospitals norPolice heliports, and do notoperate nearareasDavid Samson, REALTOR®, NapaCalifornia• Section 333 Exemption Petition where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. Iam constantlyon alertforany 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 Isuspect manned aircraft may approach near my location. My UAS is capable ofvertical and horizontal operations, and are flown onlywithin my line ofsight 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 underone hundred fifty (150) feet. I, David Samson, utilize a fresh fully charged batterywith each flight as a safety precaution; full flighttime limitforeach 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 replacementfor sufficient safe level ofoperation. 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 differenttemperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflextime. All forthe sakeofsafety. 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 ofthe national airspace system orthe public." 112 P.L. 95 

### § 333 (b). Given the small size and weight of my UAS itfalls well within Congress's contemplated safety zone when itpromulgated the Reform Actand the corresponding directiveto 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 publicornational security. 

### HowDavid Samson's RequestWill Benefitthe PublicAsA Whole:
Aerial videographyforgeographical 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 ofsuch aerial videography is cost prohibitive. Only large companies and high end REAL TORs orluxury homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower budget REALTORs from a valuable marketing tool. My, David Samson's, UAS pose no such threat since size and lack of combustible fuel alleviates any potentialthreattothe public.DavidSamson, REALTOR®, Napa California

- Section333 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 ofthe Reform Act. Granting my, David Samson's, exemption request furthers the public interestthrough academic/visual awareness ofthe 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 devastationtothe 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 ofwhich serve as astimulus to the community. 

### ReasonsWhy David Samson's ExemptionWill NotAdversely AffectSafetyOrHowThe ExemptionWill Providea Level of SafetyAt Least EqualTo 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 ofyet undiscovered safety protocols for REALTORs 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 photographyfor 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 onlyoperate for5-10 minutes perflight;

5 NationalAssociation of REAL TORs, http://www.REAL TOR.org/ 6 GreaterLasVegasAssociationofREAL TORs,http:/ jwww.Iasvegasrealtor.com