Jason Adank

DBA, 4D MOTION LLC

PO Box 2809

Corvallis, OR 97339

(844) 852-2580

jason@4d-motion.com

Date: October 2nd, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Jason Adank, DBA 4D MOTION LLC, Request for Exemption Pursuant to Section 333 of the 

 FAA Modernization and Reform Act of 2012

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 

11, Jason Adank DBA 4D MOTION LLC, Owner and operator of Small Unmanned Aircraft Systems (“sUAS”) 

equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation herein or as may be established by the FAA

as required by Section 333.1

The proposed exemption, if granted, would allow Jason Adank DBA 4D MOTION LLC to conduct commercial 

operations of small unmanned aircraft systems (“sUAS”) meeting or exceeding all of the operational and safety 

requirements Congress has set for in section 333. Statutory Authority Section 333, titled “Special Rules for 

Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe 

civil UAS operations in the National Air Space (“NAS”). Section 333(a) states that the FAA “shall determine if 

certain unmanned aircraft systems may operate safely in the NAS system before completion of the 

(comprehensive) plan and rule making required by section 332(b)(1), Congress made it clear that Section 333 

provides a mechanism for “expatiated operation authorization” if several factors are met. Petitioner meets all 

requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From The Following Regulations:

14 C.F.R Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

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. 91.215

14 C.F.R. 91.401

14 C.F.R. 91.405

14 C.F.R. 91.407

14 C.F.R. 91.409

14 C.F.R. 91.417

14 C.F.R. 91.109

Jason Adank DBA, 4D MOTION LLC is petitioning for exemption to enable 4D MOTION LLC to operate a “DJI 

Inspire 1” which is comprised of an unmanned aircraft and a transportable ground station. The DJI Inspire 1 has 

a maximum gross weight of 3 kilograms and is equipped with four rotors that are driven by electric motors which

receive power from an attached external battery. The DJI Inspire 1 has a maximum airspeed of 22 m/s. The 

sUAS has a built in high definition camera, camera stabilizing gimbals, and a companion hand-held controller 
unit with an On Screen Display (“OSD”) to provide the Pilot In Command (“PIC”) with altitude, velocity, position 

and attitude information in real time. If the transmitter's communication with the sUAS is interrupted or 

disconnected, the sUAS will automatically follow a flight path to return to the point of takeoff. The DJI Inspire 1 

that will be operated by 4D MOTION LLC will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with C.F.R. Part 45, 

Identification and Registration Marking.

Please refer to the attached DJI Inspire 1 instruction and flight manual for the performance limitations and flight 

operations.

4D MOTION LLC is owned and operated by Jason Adank. 4D MOTION LLC provides 3D Animation and 

Videography services to their clients (which includes private sector businesses, non profits, and local state and 

federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations 

and training using advanced technologies and solutions. Mr. Adank has over 10 years of professional 3D 

animation experience, having worked in the automotive marketing, consumer products, and forensic animation 

industries. Additionally, Mr. Adank is a 2002 graduate from the Oregon State University Mechanical Engineering 

program and has over 5 years experience in production manufacturing process control and laboratory research 

in material science. Additionally, Mr. Adank has over 40 hours of sUAS flight time from hobbyist activities, and is 

currently undertaking training for a private pilot certification.

In the past, Mr. Adank has provided aerial photography services using chartered commercial aircraft. The 

objective of 4D MOTION LLC and our sUAS aerial operations is to provide a more affordable, high quality 

production system for a variety of governmental, commercial, public and residential uses, specifically targeting 

 Aerial surveying and data collection

 Event photography / videography

 Real estate photography / videography

 Aerial film-making and photography

 Unmanned aerial sightseeing

 Construction site inspections and monitoring

 Building inspections

 sUAS training and safe operations

 Economic development 

PILOT IN COMMAND AND OPERATING PARAMETERS

The PIC will maintain at a minimum a Sport or Recreational pilot certificate and a current Class III medical 

certificate or valid US drivers license as required per FAA regulations. The PIC will have at least 5 hours of flying

time, to include 3 takeoffs and landings within 30 days in the type of sUAS utilized in operations. The PIC will 

have over 40 hours total time and at least 20 hours flying Radio Controlled Aircraft of which will be 10 hours 

flying sUAS.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight 

preparation, in flight operation and post flight requirements. Procedures including but not limited to:

 Site suitability

 Safe flight operations

 Risk assessment and mitigation to persons and property

 sUAS mechanical, electrical, and communication integrity.

The PIC must have the visual acuity to observe the sUAS at all times and be able to communicate with a Visual 

Observer ('VO') utilizing hand signals, verbally, or by 2 way radios. VO responsibilities include:

- Notifying the PIC of any impending obstacles in the flight path of the sUAS.

 Notifying the PIC of any deviations in the planned flight path of the sUAS.

 Notifying the PIC if unauthorized persons enter the area of the planned flight.

GENERAL OPERATING STANDARDS
 Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower will be

called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times 

the sUAS will be operated. The sUAS will not be operated at an altitude of over 400 feet Above 

Ground Level (“AGL”). Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

 Before an operation of a sUAS within 5NM of a non-tower controlled airport, airport operators will be 

notified and the PIC will give the right of way to avoid flying in the proximity of full scale aircraft. At 

no time will the sUAS be operated within the final approach course and the takeoff course of any 

runway. The sUAS will not be operated at an altitude over 400 feet AGL.

 4D MOTION LLC will only operate it's sUAS in line-of-sight of the PIC and/or observer and will 

operate at sites that are a sufficient distance from populated areas. Such operations will ensure that

the sUAS will not create a hazard to users of the NAS or the public. 

 Maximum flight time for each operation will not exceed 30 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

 The sUAS will be programmed to limit the maximum operating altitude to 400 feet, and not more 

than 200 feet above an elevated platform from which filming is planned.

 The minimum flight crew for each operation shall consist of the sUAS PIC, and a VO.

 The sUAS operated by the petitioner weighs less than 3 kg, including the payload (e.i. Camera, lens,

and gimbals).

 The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move

vertically and horizontally. 

 All operations must utilize a VO. The VO and the PIC must be able to communicate by voice, 2 way 

radio, or hand signals at all times during a flight operation.

 Operations will be restricted to flights over water, public, and private property. Necessary 

permission(s) and permits will be obtained in accordance with local, state and federal regulations as 

applicable within the planned operational area.

 Authorizations and guidelines will be obtained from the local Flight Standards District Office 

(“FSDO”) office at least 3 days prior to flight operation.

 When flight operations are to occur in an uncontrolled environment open to public access, signs will 

be posted with the text “CAUTION: Aerial Photography In Progress” clearly visible.

PUBLIC INTEREST

Today's sUAS, including the DJI Inspire 1, are powered by batteries, are smaller, and are lighter than larger 

aircraft running on combustible fuel. The proposed sUAS operates at lower altitudes with no people on board 

and will thereby reduce current risk levels associated with traditional aircraft. The use of sUAVs will enhance 

safety for the general public and diminish the likelihood of death or serious bodily harm.

Low level photos and video are far more effective than ground or high altitude manned aircraft imagery for 

displaying detailed characteristics of ground based objects. The petitioner in the past has charted full-sized 

helicopters for this purpose, which has proven to be considerably less effective due to operational distances and 

current image acquisition hardware technology limitations. These types of flights in full-sized helicopters have a 

much higher level of risk to people and equipment in the event of a system failure. A typical aircraft used to 

perform aerial photography and videography is a much larger vehicle with substantially more mass, carries fuel 

on board, as well as the pilot and crew. In the event of a system failure and vehicle crash, the potential for 

severe collateral damage and loss of life is very high. Using the DJI Inspire 1 sUAS, the substantial risk to life 
and property in the air and on the ground will be greatly reduced if not eliminated due to its small size and mass 

(less than 3 kilograms).

Environmental pollution is also a consideration in the public's interest. A typical cabin class, six cylinder internal 

combustion engine burns approximately 20-30 gallons per hour of leaded aviation fuel. Helicopters flying over 

an area to perform aerial photography can generate exhaust pollution and additionally noise pollution which is 

highly disruptive to the nearby public and wildlife. The use of a battery powered sUAS greatly reduces risk of 

injury or death, creates almost no environmental pollution, and creates minimal audible disruption to the general 

public and wildlife.

The DJI Inspire 1 sUAS is battery powered, and serves as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed

to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 sUAS would reduce the amount 

of manned aircraft in the NAS. Congestion around airports caused by arriving and departing aircraft traffic would

be reduced. The DJI Inspire 1 does not require an airport to takeoff or land. Therefore, a reduction of manned 

aircraft conducting aerial video and photography assignments would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, and arrival, and landing phases of flight operations. 

In addition to being safe and efficient, the DJI Inspire 1 sUAS is also an economical alternative to using the 

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 will allow United 

States companies, like 4D MOTION LLC, to remain competitive and contribute to growth of the U.S. Economy. 

Specifically, with the rising cost of aviation fuel and the environmental Protection Agency (“EPA”) regulatory 

actions phasing out leaded aviation fuels, U.S. Owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI Inspire 1 is one such technology 

that not only allows companies greater operational flexibility compared to the use of manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned aircraft. 

Additionally, we will make our sUAS available to first responders in our community who might require assistance,

including fire fighters, police, etc while remaining subject to all limitations cited in this application.

With the smaller payload and limited battery life capabilities of the proposed sUAS system constraining each 

flight operation to less than 30 minutes, there is little to no risk to national security. 

The benefits of less risk of injury to pilot or public, reduced pollution, reduced cost, and improved quality of 

imagery acquisition will be incredibly valuable to future clients and the general public as a whole.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Jason Adank DBA 4D MOTION LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS.

14 C.F.R Part 21, Airworthiness Certificate.

This part establishes the procedures for the issuance of an air worthiness certificate. While the FAA continues to

work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate 

be issued for our sUAS under either or both of the following provisions: 

21.191 Experimental Certificates. Experimental Certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type and 

supplemental certificates, flights to substantiate major design changes, and flights to show compliance with the 

function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations and customer crew training, we would expect that an experimental certificate would permit our 
commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly 

under strict operational requirements. We propose that the sUAS will be at least as safe, if not safer, than a 

conventionally certified aircraft performing the same mission. 

If an experiential airworthiness certificate is not appropriate for this application, then we request an exemption of 

14 C.F.R. Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent

level of safety outlined in the previous paragraph.

14 C.F.R 45.23, Display of Marks, and 45.29 Size of marks.

These regulations provide that each aircraft must display “N” and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. 

The sUAS does not have an entrance in which the word “EXPERIMENTAL” can be placed, but will be registered.

We propose to achieve an equivalent level of safety by including the assigned “N” number to the sUAS rotor 

arms in the largest size possible, approximately 2 inches in height, on both sides of the sUAS such that the 

vehicle can be identified by a person observing the sUAS.

14 C.F.R 91.7, Prohibits the Operation of an 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 91.119, Minimum Safe Altitudes.

This regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 ft to 

any person, vessel, vehicle or structure. 

Since the typical operation of the sUAS would be photography or survey of person, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed above. Operations will only 

be flown over property or persons where a careful pre-planned flight path has been performed in the event of a 

system malfunction or emergency landing. The hazard to persons or property on the surface will be very limited.

Therefore we maintain that due to the small size of the sUAS, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft.

14 C.F.R 91.121, Altimeter Settings.

The regulation requires that the aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100NM of the aircraft. 

The sUAS will always fly below 400ft AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the sUAS on-board computer to the display screen held by the PIC, providing a real-time updated 

AGL readout. The DJI Inspire 1 controller can be configured to geo-fence the sUAS under the 400' maximum 

altitude.

14 C.F.R 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly after that for at least another 30 minutes.

The purpose of this is to provide an energy reserve as a safety buffer for delays to landing. Since the sUAS will 

never fly more than 3⁄4 NM from the point of intended landing, a full battery charge at launch will ensure that we 

meet the reserve energy requirement of this paragraph. To further insure safe operation of the sUAS, we 

propose that flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

14 C.F.R 91.203(a) & (b) Civil Aircraft: Certifications Required.

The regulation provides than an airworthiness certificate, with the registration assigned to the aircraft, and a 
regulation certificate must be aboard the aircraft. Additionally, sub paragraph (b) provides that the airworthiness 

certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. 

At a maximum gross weight of 3 kg, the sUAS is too small to carry documentation, does not have an entrance, 

and is not capable of carrying passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed 

appropriate for this aircraft by the FAA will be with the crew at the ground control station and be available for 

inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness 

and registration certificates be permanently affixed to the aircraft via placard containing the following information

plus the word “EXPERIMENTAL” to satisfy the requirement of 14 C.F.R. 45.23.

14 C.F.R. Subpart E (91.401 – 91.417) Maintenance, Preventative Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

“approved for return to service by person authorized under 43.7” after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to approve 

the aircraft for return to service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every five hours of flight. All maintenance will be 

performed by the PIC in accordance with the manufacturers manual. If required maintenance is beyond the 

ability of the PIC, the maintenance will be performed by the manufacturer or their designated repair facility. The 

PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

14 C.F.R 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that “No person may operate a civil aircraft that is being used for flight Instruction unless 

that aircraft has fully functioning dual controls.”

Training will be conducted by 4D MOTION LLC. We have the ability to provide dual controls utilizing transmitters

and a wireless link between the transmitters. One transmitter is designated the “master” and the other 

transmitter is designated the “slave”. The PIC instructor, utilizing the master transmitter, will be at all times able 

to assume control of the sUAS.

14 C.F.R. 91.215 ATC Transponder and altitude reporting equipment and use.

This regulation states all aircraft operating within 30NM of class A, B, and C airspace must be equipped with 

automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C

interrogations.

Due to the small size and lifting capabilities of the DJI Inspire 1, we cannot carry a traditional transponder. All of 

our operations will be under 400 feet if we are operating within the 30NM reach of a Mode C veil.

Conclusion

By granting Jason Adank, DBA 4D MOTION LLC, the requested exemption, the FAA will help drive public 

development of safe and successful commercial sUAS operations and will advance the public knowledge base 

for such operations of sUAS. 4D MOTION LLC is committed to promoting the sUAS research efforts of policy 

makers by sharing data from its commercial sUAS operations and serving as a resource for future sUAS 

research operations.

As pointed out in this petition, all of the sUASs which out company would use under authorization by the US 

DOT-FAA, are small lightweight devices operated within the line of sight of the PIC, less than 400 feet AGL and 

outside 5 miles from any airport or location with aviation activities, unless the ATC authorities have been notified 

and have authorized each flight within a radius of this distance.

4D MOTION LLC seeks an exemption pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and 
Reform Act of 2012 (FMRA), which will permit safe operation of our sUAS commercially, without an airworthiness

certificate. By granting this petition, the FAA Administrator will be fulfilling the congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 4D MOTION 

LLC to safely, efficiently, and economically operate sUASs commercially with the NAS. 

Wherefore, in accordance with the Federal Aviation Regulations and the FA Modernization and Reform Act of 

2012, Section 333, 4D MOTION LLC respectfully requests that the Administrator grant this petition for an 

exemption from the requirement of 14 C.F.R. Sections.

Sincerely,

Jason Adank

4D motion, LLC