WKE, Inc. 

400 North Tustin

Suite 275

Santa Ana, CA 92705

WKE, Inc. 

Eric Koo

400 North Tustin, Suite 275

Santa Ana, CA 92705

January 11, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 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).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, WKE, Inc, civil and structural engineers and consultants, hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so 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 described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations in the aerial filming and monitoring industry presently using conventional aircraft. Approval 

of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act.
WKE, Inc. 

400 North Tustin

Suite 275

Santa Ana, CA 92705

OPERATOR’S NAME AND ADDRESS

WKE, Inc.

Eric Koo

400 North Tustin Avenue

Suite 275

Santa Ana, CA 92705

Phone: (714) 953-2624

Email:ekoo@wke-inc.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 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 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)
WKE, Inc. 

400 North Tustin

Suite 275

Santa Ana, CA 92705

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 

(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system 

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of sUASs do not 

create a hazard to users of the NAS or the public or pose a threat to national security in light of 

the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702---44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C §44701(f) See also 49 USC §44744(a); 49 USC 

§44704l 14 CFR §91.203 (a) (1).

WKE, Inc’s sUAS are rotorcraft weighting 55 or fewer lbs. including payload. They operate under 

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in 

the vertical and horizontal plan simultaneously. They will operate only in line of sight of the 

Pilot/”Operator” and will operate with the permission of the property owner or a representative. 

Such operations will insure that the sUAS will not create a hazard to users of the national airspace 

system or the public as per the Reform Act Section 333 (b).

Given the small size of the sUASs involved and the limited environment within which that will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs 

to commence immediately. Also due to the size of the sUASs and the limited areas in which the 

relevant sUASs will operate, approval of the application presents no national security issue. Given 

the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety with allowing sUASs for commercial aerial 

videography and photography operations, the grant of the requested exemptions is in the public 

interest. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.
WKE, Inc. 

400 North Tustin

Suite 275

Santa Ana, CA 92705

MAINTAINING EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and they operate with the limitations listed herein. These limitations provide for at 

least and equivalent or even higher level of safety of operations under the current regulatory 

structure because the proposed operations are conducted on closed off property under the 

permission of the property owner or property representative.

These limitations and conditions to which WKE agrees to be bound when conducting commercial 

operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or

observer.

3. Maximum total flight time for each operational flight will be 15 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 15 minute limit.

4. The sUAS will operate at speeds of no more than 50 knots 

5. The sUAS will be programmed so it will not be operated at an altitude that exceeds 

400 feet AGL.

6. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and 

the Visual Observer.

7. sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems 

another “Pilot/”Operator” to be qualified with the necessary skills to be the 

“Pilot/Operator”, that person can also be designated as “Pilot/Operator” provided they 

have a minimum of 25 hours of flight time with the sUAS.

8. Flights will be operated at a lateral distance of at least 50 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the

operation.

9. When flying the sUAS within five (5) miles of an airport, airport operators will be 

notified and the operator will give the right-of-way to avoid flying in the 

proximity of full-scale aircraft.

10. Pilot/”Operator” and observer will have been trained in operation of sUAS generally and 

received up-to-date information on the particular sUAS to be operated.

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, 

radio, and/or text.

12. Written and/or oral permission from the relevant property holders or property

representatives will be obtained.

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to a predetermined location and land autonomously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

15. The sUAS will not be operated by the PIC from any moving device or vehicle

16. Any incident, accident, or flight operaton that transgresses the lateral or vertical 

boundaries of the operational area will be reported to the FAA UAS Integration office 

within 24 hours. 
WKE, Inc. 

400 North Tustin

Suite 275

Santa Ana, CA 92705

PUBLIC BENEFIT

WKE will utilize the sUAS for aerial photography and videography for engineering to develop 

innovative solutions to transportation problems for public agencies.

Further, the sUAS will pose no threat to the public given its small size and lack of combustible fuel 

when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize 

harm to the environment economic growth by providing information to the public. 

PROPOSED OPERATIONS

WKE, Inc. proposes to use the sUAS for commercial operations in the following manner:

• Aerial photography and/or videography for public and/or private use including marketing 

efforts, engineering design, and public outreach materials.

MAKE AND MODEL OF THE AIRCRAFT FOR PROPOSED OPERATIONS

WKE, Inc. will utilize a DJI Phantom 3 Advanced (W322A) for aerial photography and videography.

If you have questions or need additional information, please contact me at:

ekoo@wke-inc.com or (714) 953-2624

Regards, 

Eric Koo

WKE, Inc.