Fox Valley Web Design, LLC

2159 Sunny Brook Dr

Green Bay, WI 54313

920-434-9772

January 15th, 2016

U.S Department of TransportatIon Docket OperatIons

West Building Ground floor Room W12-140

1200 Jersey Ave, SE

Washington, D.C 20590

Re: 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).

To Whom It May Concern:

Fox Valley Web DesIgn, LLC petItIons the Secretary of TransportatIon and Federal AvIatIon 

AdmInIstratIon for exemptIon to the above referenced Federal AvIatIon RegulatIons (“FARs”), 

that currently may or may not apply to the recreatIonal/busIness operatIons of model aIrcraft 

IncludIng small unmanned aerIal systems (“UASs).

Pursuant to SectIon 333 of the FAA ModernIzatIon and Reform Act of 2012 and the procedures 

contaIned wIthIn 14 C.F.R. 11, PetItIon that Fox Valley Web DesIgn LLC an owner and operator 

of small unmanned aIrcraft, be exempted from the Federal AvIatIon RegulatIons (“FARs”) lIsted 

below so that Fox Valley Web Design LLC may operate a small ultra lIghtweight unmanned 

aIrcraft system (“UAS”) commercIally In aIrspace regulated by the Federal AvIatIon 

AdmInIstratIon (“FAA”).

As descrIbed hereIn Fox Valley Web Design, LLC a photography, marketing and web desIgn 

fIrm currently owns a 3DR Drone (Solo Model) UAS wIth Intent to conduct aerIal photography/

cinematography . Our Intent Is, but not lImIted to the followIng; takIng photographs and vIdeos 

for clIents over land, waterways, and oceans In nonrestrIcted NatIonal Parks, NatIonal Forests 

usIng nonIntrusIve recordIng devIces.

As descrIbed more fully below, the requested exemptIon would permIt the operatIon of UAS 

under controlled condItIons In aIrspace that is 1) lImIted; 2) predetermIned In areas away from 

general publIc, aIrports, heliports and vehIcular traffIc for communIty vIdeos, and wIthIn 

property boundarIes for IndIvIdual homeowner real estate lIstIng vIdeos/photos; and 3) 

controlled as to access. The exemptIon would also provIde safety enhancements to the already 

safe operatIons wIthIn the aerIal photography, fIlm and televIsIon Industry presently usIng 

conventIonal aIrcraft and small, unmanned UASs.

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. Fox Valley 
Web Design operates our UAS wIthIn all safety protocols and controls to avoId and prevent 

publIc hazard.

GrantIng our 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) of the Reform Act specIfIc to the use of UAS's for 

commercIal purposes. Further, we wIll conduct our operatIons In complIance wIth the protocols 

descrIbed hereIn or as otherwIse establIshed by the FAA.

For the reasons stated below we respectfully request the grant of an exemptIon allowIng Fox 

Valley Web Design to operate ultra lightweight remote controlled UAS’s for academIc 

communIty awareness, general aerIal photography, and to enhance real estate lIstIng vIdeos for 

homeowners who cannot afford expensIve manned aIrcraft for the same purpose.

I. Contact InformatIon:

Fox Valley Web DesIgn LLC

Gary Arndt - Owner

2159 Sunny Brook Dr

Green Bay, WI 54313 

gary@foxvalleywebdesign.com

920-434-9772

II. The SpecIfIc SectIons of TItle 14 of the Code of Federal RegulatIons From WhIch Fox Valley 

Web Design, LLC Requests ExemptIon are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a);

14 C.F.R. 91.9 (b) (2);

14 C.F.R. 91.103;

14 C.F.R. 91.109;

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. 91.405 (a);

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relIef Fox Valley Web Design, LLC seeks and the reason:

Fox Valley Web Design LLC submIts thIs applIcatIon In accordance wIth the Reform

Act, 112 P.L. 95 §§ 331334, seekIng relief from any currently applIcable FARs operatIng to 

prevent Fox Valley Web Design LLC contemplated commercIal cInematIc, academIc and other 

flIght operatIons wIthIn the natIonal aIrspace system. The Reform Act In SectIon 332 provIdes 

for such IntegratIon of cIvIl unmanned aIrcraft systems Into our natIonal aIrspace system as It Is 

In the publIc’s Interest to do so. Our ultra lightweight UAS meets the defInItIon of “small 
unmanned aIrcraft” as defIned In SectIon 331 and therefore the IntegratIon of our ultra 

lightweight UAS Is expressly contemplated by the Reform Act.

ConsIderatIons Include: The lightweight, sIze, speed and overall capabIlItIes of the UAS's; 

Whether the UAS wIll be operated near aIrports or heavIly populated areas; and, Whether the 

UAS wIll be operated by lIne of sIght. 112 P.L. 95 § 333 (a). Each of these Items reflect In favor 

of an exemptIon for Fox Valley Web Design LLC. Our UAS utIlIzes four (4) counter rotatIng 

propellers for balance, control and stabIlIty. Our UAS Is equIpped wIth GPS and auto return 

safety technology. Lightweight weighing less than five (5) pounds (far below the maxImum 55 

pound lImIt); IncludIng camera wIth gImbal.

We consIder safety as foremost wIth each flIght. The 3DR Drone (Solo Model) unmanned 

aIrcraft Is desIgned with specifications as follows:

Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized for HERO3+ and 4

Streaming video quality: 4K

Flight time: 25 minutes; 20 minutes with payload*

Range: .5 miles** (.8 km)

Max speed: 55 mph (89 km/h)

Max ascent speed: 10 m/s in stabilize mode; 5 m/s in “fly” mode

Max descent speed: 10 m/s in stabilize mode; 5 m/s in “fly” mode

Max payload: 420 g

Max altitude: 400 ft per FAA regulation, user adjustable (122 m)

Motors: 880 kV

Propellers: 10′′ diameter 4.5′′ pitch self-tightening (24 cm diameter 144 cm pitch); glassreinforced nylon

Autopilot: Pixhawk 2

Software: APM:Copter

Communication: 3DR Link secure WiFi network

Frequency: 2.4 GHz

Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with GoPro® and Solo Gimbal

Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor-to-motor
Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

Battery charge time: ~1.5 hours

Controller battery: 2600 mAh 7.2 Vdc rechargeable lithium ion

Solo Smart Battery:

2 Rechargeable lithium polymer (Li-Po)

5200 mAh

14.8 Vdc

Weight: 1 lb. (.5 kg)

Solo Gimbal:

Three-axis stabilization

Fully compatible with 3DR Solo and GoPro HERO3+ and HERO4; camera charging and 

stabilization only with HERO3

HDMI video output

Controllable range: 0° to -90° pitch

For safety, stabIlIty and fear of fInancIal loss we wIll not fly In wInds exceedIng 7 m/s (15 mph). 

Built In safety systems Include a GPS mode that allows our UAS to hover In place when radIo 

controls are lost. With three modes to choose from, we utIlIze the posItIonIng mode for aerIal 

vIdeography/photography. ThIs Is the safest, most reliable and stable mode to prevent accIdent 

and hazard. If pIlot communIcatIon Is lost the UAS Is desIgned slowly descend to poInt of 

takeoff, or near the control transmItter when utIlIzIng DynamIc Mode. 

We do not operate our UAS near aIrports, hospItals, polIce helIports, major sporting events and 

do not operate near areas where general publIc Is wIthIn fIfty to one hundred (50/100) yards 

dependIng on locatIon, condItIons and weather. 

We are constantly on alert for any manned aIrcraft (PolIce/MedIcal helIcopters, etc.) and 

prepared to land/abort ImmedIately to the nearest and safest ground poInt should a manned 

aIrcraft approach our locatIon or we suspect manned aIrcraft may approach near our locatIon. 

Our UAS Is capable of vertIcal and horIzontal operatIons, and are flown only within line of sIght 

of the remote control pIlot. UtIlIzIng battery power rather than combustIble fuels, flIghts 

generally last between eight (8) to twelve (12) mInutes, wIth an altItude under two hundred 

fIfty(250) feet.
We utIlIze a fresh fully charged battery wIth each flIght as a safety precautIon; full flIght tIme 

lImIt for each battery Is eIghteen (18) to twenty two (22) mInutes as tested. We do not operate 

our UAS at or below manufacture recommend mInImum charge levels for operatIon; preferrIng 

to remaIn 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 replacement. We do not take any rIsk that may cause a 

crash, that could create hazard to the publIc/property/manned aIrcraft. 

We 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 dIfferent temperature and weather condItIons.

We are extremely cautIous when operatIng our Drone Solo UAS/ultra lIghtweight unmanned 

aIrcraft and wIll do 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 Iightweight of our UAS It

falls wIthIn Congress’s contemplated safety zone when It promulgated the Reform Act and the 

correspondIng dIrectIve to Integrate UAS's Into the natIonal aIrspace system. Our UAS, the 

Drone Solo, used In hobby flIght, has a demonstrable safety record and does not pose any 

threat to the general publIc or natIonal securIty.

IV. How Fox Valley Web Design LLC’s Request Will BenefIt the PublIc As A Whole:

AerIal vIdeography for geographIcal 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 of such aerIal vIdeography Is cost 

prohIbItIve. Only large companIes and hIgh end Realtors or luxury homeowners can afford to 

absorb such expense, deprIvIng non luxury homeowners and average Realtors and local 

chambers of commerces from a valuable marketIng tool.

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

of the Reform Act.

 GrantIng our exemptIon request furthers the publIc Interest through academIc/vIsual 

awareness of the geographIcal benefIts In and around the State of Wisconsin. Our ultra lIght 

weight UAS Is battery powered and creates no emIssIons that can harm the envIronment. The 

consequence of our ultra lIghtweight UAS crashIng Is far less than a full sIze helIcopter or fIxed 

wIng aIrcraft; whIch are heavy, contaIn combustIble fuel and can cause catastrophIc 

devastatIon to the publIc.

Manned aIrcraft can pose a threat to the publIc through potentIal catastrophIc

crash that many local communItIes have experIenced In the past wIth mIlItary aIrcraft and 

medIcal/polIce helIcopter crashes. These have resulted In a loss of lIfe and endangered the 

publIc wIth combustIble fuel that burned on Impact. Our UAS poses no such threat sInce sIze 

and lack of combustIble fuel allevIates any potentIal threat to the publIc. AddItIonally, thIs 

actually furthers the publIc’s Interest by makIng It safer for busIness to conduct aerIal 

photography and vIdeography wIthout such rIsks.
V. Reasons Why Fox Valley Web Design LLC ExemptIon Will Not Adversely Affect Safety Or 

How The ExemptIon Will ProvIde a Level of Safety At Least Equal To ExIstIng Rule:

Our exemptIon wIll not adversely affect safety.

A. Our UAS weighs less than 5 pounds complete wIth a small ultra lightweight hIgh qualIty 

camera;

B. We only operate our UAS below 300 feet (wIthIn the 400 foot permIssIble ceIlIng set by the 

FAA ModernIzatIon and Reform Act of 2012);

C. Our UAS only operates for 18-22 mInutes per flIght;

D. We land our UAS prIor to 30% Battery RemaInIng;

E. We pilot our UAS through remote control only by lIne of sIght;

F. We pilot our UAS only wIth a vIsual observer and but also use a dual controller setup. The 

second controller Is solely used for operatIng the Drone Solo gImble camera.

G. Our UAS has FaIlsafe RTH, a flIght safety feature whereby It hovers and then slowly lands If 

communIcatIon wIth the remote control pIlot Is lost for 3 seconds;

H. Our UAS has GPS and a VIsIon PosItIonIng System utIlIzIng two sonar sensors and one 

monocular camera for posItIonIng and to IdentIfy the current aIrcraft’s posItIon;

I. Our UAS has a flIght recorder and we actIvely analyze flIght data and other sources of 

InformatIon to constantly update and enhance safety protocols;

J. We only operate In reasonably safe envIronment that are strIctly controlled, are away from 

power lInes, elevated lIghts, aIrports and actIvely populated areas;

K. We conduct extensIve preflIght InspectIons and protocol per the 3DR Drone (Solo Model)

User Manual;

L. We always obtaIns all necessary permIssIons prIor to operatIon;

M. We ImmedIately abort flIghts In the event of potentIal danger;

N. We only operate our UAS Ill wIthIn “flIght envIronment requIrements 5” & vIsual 

meteorologIcal condItIons (VMC)

O. We do not operate our UAS less than 500 feet below or less than 2,000 feet horIzontally 

from a cloud or when vIsIbIlIty Is less than 3 statute mIles

from the PIC.

P. Only Gary Arndt and Nicholas Arndt of Fox Valley Web Design LLC will act as Pilot In 

command durIng flIghts;

Q. We follow the UAS manufacturer’s aIrcraft/component, maIntenance, overhaul, replacement, 

InspectIon, and lIfe lImIt requIrements.

R. The operatIng documents/manual wIll be accessIble durIng UAS operatIons and made 

avaIlable upon request.

Our safety protocols provIde a level of safety equal to or exceedIng exIstIng rules. It Is 

Important to note that absent the IntegratIon of commercIal UAS Into our natIonal aIrspace 

system, helicopters are the prImary means of aerIal vIdeo and photography for communIty 

awareness, real estate, and marketIng purposes. WhIle the safety record of such helIcopters Is 

remarkably astoundIng, there have been IncIdents InvolvIng loss of lIfe as Ill as extensIve 

property damage; It Is far safer to operate a battery powered ultra lIghtweight UAS.

The lightweight and enclosed operatIonal area of my UAS permIts exemptIon from Part 21 

because our UAS meets (and exceeds) an equIvalent level of safety pursuant to SectIon 333 of 

the Reform Act. The FAA Is authorIzed to exempt aIrcraft from the aIrworthIness certIfIcate 

requIrement under both the Act (49) U.S.C. § 44701 (f)) and SectIon 333 of the Reform Act. 
Both pIeces of legIslatIon permIt the FAA to exempt UAS's from the aIrworthIness certIfIcate 

requIrement In consIderatIon of the weight, sIze, speed, maneuverabIlIty and proxImIty to areas 

such as aIrports and dense populatIons. Our current and projected UAS's meet or exceed each 

of the elements.

14 C.F.R. 91.7(a) 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. § 91.9 (b) (2) requIres an aIrcraft flIght manual In the aIrcraft. As there 

are no on board pIlots or passengers, and gIven the sIze of the UAS's, thIs RegulatIon Is 

InapplIcable. An equIvalent level of safety wIll be achIeved by maIntaInIng a safety/flIght manual 

delIneatIng areas of where safety can be defIned. 10 The FAA has prevIously Issued 

exemptIons to thIs regulatIon In ExemptIon Nos. 8607, 8737, 8738, 9299,9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827.

A. 14 C.F.R. § 91.121 regardIng altImeter settIngs Is InapplIcable In so far as our UAS utIlIzes 

electronIc global posItIonIng systems wIth a barometrIc sensor. 14 C.F.R. § 91.203 (a) and (b) 

provIdes for the carryIng of cIvIl aIrcraft certIfIcatIons and regIstratIons. They are InapplIcable 

for the same reasons descrIbed above. The equIvalent level of safety wIll be achIeved by 

maIntaInIng any such requIred certIfIcatIons and regIstratIons by Fox Valley Web Design LLC.

B. 14 C.F.R. § 45.23: MarkIng of The Aircraft ApplIcable Codes of Federal RegulatIon requIre 

aIrcraft to be marked accordIng to certaIn specIfIcatIons. Our UAS are, by defInItIon unmanned. 

They therefore do not have a cabIn, cockpIt or pIlot statIon on whIch to mark certaIn words or 

phrases. Further, two Inch letterIng Is dIffIcult to place on such small aIrcraft wIth dImensIons 

smaller that mInImal letterIng requIrement. The FAA has prevIously Issued exemptIons to thIs 

regulatIon through ExemptIons Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: PrIvate Pilot PrIvileges and LimItatIons: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), prIvate pIlots are lImIted to NoncommercIal 

operatIons. Fox Valley Web Design, LLC can achIeve an equIvalent level of safety as achIeved 

by current RegulatIons because our UAS does not carry any pIlots or passengers. The rIsks 

attended to the operatIon of our UAS are far less than the rIsk levels Inherent In the commercIal 

actIvItIes outlIned In 14 C.F.R. § 61, et seq. Thus, allowIng us to operate our UAS meet and 

exceed current safety levels In relatIon to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: MInImum Safe AltItudes.

14 C.F.R. § 91.119 prescrIbes safe altItudes for the operatIon of cIvIl aIrcraft. It allows 

helIcopters to be operated at loIr altItudes In certaIn condItIons. Our UAS wIll never operate at 

an altItude greater than 300 AGL; safely below the standard of 400 AGL. We will operate my 

UAS In safe areas away from publIc and traffIc, provIdIng a level of safety at least equIvalent to 

or below those In relatIon to mInImum safe altItudes. Given the sIze, weight, maneuverabIlIty 

and speed of our UAS, an equIvalent or hIgher level of safety wIll be achIeved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): MaIntenance InspectIons.

The above cIted RegulatIons requIre, amongst other thIngs, aIrcraft owners and operators to 

“have [the] aIrcraft Inspected as prescrIbed In subpart E of thIs part and shall be requIred 

InspectIons, except as provIded In paragraph (c) of thIs sectIon, have dIscrepancIes repaIred 

as prescrIbed In part 43 of thIs chapter. . . .”
These RegulatIons only apply to aIrcraft wIth an aIrworthIness certIfIcate. They wIll not, 

therefore, apply to our UAS. However, as a safety precautIon we metIculously Inspect our UAS 

before and after each flIght and maIntaIned per the manufacturer’s aIrcraft/component, 

maIntenance, overhaul, replacement, InspectIon, and lIfe lImIt requIrements.

In summary,Fox Valley Web Design, LLC seeks an exemptIon from the followIng RegulatIons:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) &

(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b);

14 C.F.R. § 91.109; 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) and (b); 14 C.F.R. § 91.405 (a); 14

C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a )

(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercIally operate our lightweight unmanned 

aIrcraft system for aerIal photography/videography Included but not lImIted to the followIng; 

over land, waterways, oceans, lakes, rivers, over/in nonrestrIcted NatIonal Parks, NatIonal 

Forests, usIng nonIntrusIve recordIng devIces.

We request that the FAA grant our exemptIon request. 

Respectfully SubmItted,

Gary Arndt 

Gary Arndt - Owner

Fox Valley Web Design LLC

2159 Sunny Brook Dr

Green Bay, WI 54313