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: 

We 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 Federal 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 as 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 IFR rated pilot (SEL) with more 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 controls 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 controls 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 requirements 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 established 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 Exemption 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-rotating 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, at 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 software 

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 airspace 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 not 
email 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 security. 

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 implement 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 ofthe UAS; 

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

technician 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 below25%; 
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 airports 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 Marketing 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 safer 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 board 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 when 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 Marketing 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").

Sincerely,

Allen VanNoppen

President

VanNoppen Marketing

PO Box 245

Morganton NC 28680