Jason Adank

DBA, 4D MOTION LLC PO Box 2809 Corvallis, OR 97339 (844) 852-2580 jason@4d-motion.com Date: October 2 nd , 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 controllerunit 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 lifeand 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 ourcommercial 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 aregulation 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 andReform 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