email info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

1 United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12

- 140

Washington, DC 20590

**Re: Exemption Request Pursuant To Section 333 of the FAA Reform**

**Act of 2012**

Dear Sir or Madam:

W e are writing pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that VanNoppen Marketing, LLC, an owner and operator of a small unmanned aircraft, be exempted from the Fede ral Aviation Regulations ("FARs") listed below so that VanNoppen Marketing, may operate its small

unmanned aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as long a s such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As identified and described herein, Allen VanNoppen is an experienced and

current I FR rated pilot (SEL) with mo re than 1,000 accident

- free logged

hours. His firm, VanNoppen, has offered traditional aerial photography services for over 6 years. Mr. VanNoppen has also been an avid RIC model flyer for over 10 years.

VanNoppen Marketing exemption request would permit its operation of lightweight, unmanned (remotely controlled in line of sight) UASs in tightly controlled and limited airspace.email info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

2 Predetermined, specifically marked areas of operation, cordoned off locations and corresponding enhancements to current safety c ontrols will allow VanNoppen Marketing to operate within current safety parameters and new ones being implemented.

As identified, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience, safety plan or contro ls in place to prevent catastrophe.

Granting VanNoppen Marketing request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to "...establish requirement s for the safe operation 

### of such aircraft systems [UASs] in the national airspace system" under Section 333(c) 

### of the Reform Act. Further, VanNoppen Marketing will conduct its operations in compliance with the protocols

described herein or as otherwise est ablished by the FAA.

VanNoppen Marketing respectfully requests the grant of an exemption allowing it to operate lightweight, remote controlled UAS's.

The Specific Sections of Title 14 of the Code 

### of Federal Regulations, VanNoppen Marketing Requests Exemp tion are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b).

Exemption Request Section 333 of the FAA Reform Act and Part 11 

### of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14
CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119;
91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a)
(2);91.417 (a) & (b).

VanNoppen Marketing UASs utilizes four counter

- ro tating propellers for extreme balance, control and stability.email info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

3 They each weigh less than 55 pounds, including photographic or other equipment. VanNoppen Marketing’s small unmanned aircraft are designed to primarily hover in place and operate at less than a 20 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the line of sight 

### of the remote control pilot. In addition to the remote control pilot, VanNoppen Marketing uses a spotter and a technician, such that, a t minimum, three VanNoppen Marketing personnel govern the safe flight of an VanNoppen Marketing aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. VanNoppen Marketing does not operate its UASs with less than twenty five percent battery capacity. Safety systems in place include a GPS mode that allows VanNoppen Marketing UASs to hover in place 

### if communication with the radio control pilot is lost and then slowly

descend the UAS at twenty five percent battery capacity. Further, VanNoppen Marketing fleet is programmed, in some instances, to slowly follow a predetermined set 

### of waypoints to return to a safety point if

communications are lost.

VanNoppen Marketing does not operate its UASs near airports and generally does not operate them near populated areas. The UAS operating software and GPS navigation systems do not allow any of the VanNoppen Marketing UAS vehicles to operate near airports or restricted fly zones. The failsafe soft ware will disable the UAS vehicles from taking off and also limit the UAS systems from operating within specific GPS preset no

- fly zones.

VanNoppen Marketing operation of its small unmanned aircraft will not "create a hazard to users of the national airsp ace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of VanNoppen Marketing UASs, combined with their operation in cordoned off and well

- controlled areas, VanNoppen Marketing’s fleet falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the national airspace system. Indeed, VanNoppen Marketing UASs have a demonstrable safety record and do notemail info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

4 pose any threat to the general public or national sec urity.

VanNoppen Marketing exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting VanNoppen Marketing to log more flight time in FAA controlled airspace will allow VanNoppen Marketing to innovate and impl ement new and as 

### of yet undiscovered safety protocols. In addition, VanNoppen Marketing submits the following representations 

### o f enhancements to current aerial motion picture capture techniques:

• VanNoppen Marketing UASs weigh less than 20 pounds complete with HD

video and still camera ;

• VanNoppen Marketing only operates its UASs below 400 feet;

• VanNoppen Marketing UASs only operate for 5

- 25 minutes per flight;

• VanNoppen Marketing lands its UASs when they reach 25% battery

power;

• VanNoppen Marketing remote control pilots operate VanNoppen Marketing UASs by line of sight;

• VanNoppen Marketing remote control pilots have video backup should they somehow lose sight 

### of the UAS;

• VanNoppen Marketing staffs each flight with a remote control pilot,

technici an and spotter with communication systems enabling real time communication between them;

• VanNoppen Marketing UASs have GPS flight modes whereby they hover and then slowly land 

### if communication with the remote control pilot is lost or battery power is bel ow25%;email info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

5 • VanNoppen Marketing actively analyses electronic flight data and other

sources 

### of information to constantly update and enhance safety protocols;

• VanNoppen Marketing only operates in secured areas that are strictly controlled, are away from airpo rts and populated areas;

• VanNoppen Marketing conducts extensive briefings prior to flight, during which safety carries primary importance;

• VanNoppen Marketing always obtains all necessary permissions and permits prior to operation; and, VanNoppen Marke ting has procedures in place to abort flights in the event of safety breaches or potential danger.

VanNoppen Marketing provides a level of safety at least equal to existing
rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary means o f aerial motion picture capture. While the safety record o f such helicopters is remarkably astounding, it is far sa fer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished because UASs carry no people on board and VanNoppen Marketing only operates them in specific areas away from mass populations. Second, there is no

fuel on boa rd a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of VanNoppen Marketing UASs allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even wh en close enough to capture amazing images, VanNoppen Marketing UASs need not be so close to the objects they are focused on. Accordingly, VanNoppen Marketing UASs have operated and will continue to operate at and above current safety levels.email info @ vannoppen.co

o 828-432-5012

f 828-432-9894 po box 245

morganton, nc 28680

vannoppen.co

6 VanNoppen M arketing respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by Network Media Services pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sinc erely,

Allen VanNoppen

President

VanNoppen Marketing

PO Box 245

Morganton NC 28680