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 2 059 0

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;91.1 19; 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 structu ral 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)

pre determined 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 f ulfill 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)

1 4 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 sig ht (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 inclu des 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 4470 2

- -- 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 condit ions 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 per mission of the property owner or a representative. Such operations will insure that the sUAS will not create a hazard to users of the nationa l airspace system or the public as per the Reform Act Section 333 (b).

Given the small size of the sUASs involved a nd 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 commenc e 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 cont ained 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 op erations, 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 regul atory 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 l ine of sight (VLOS) of a Pilot/” Operator” and/or
observer.

3. Maximum total flight time for each operational flight will be 15 minu tes. 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. Th e 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” de ems another “Pilot/”Operator” to be qualified with the nec essary skills to be the “Pilot/ Operator”, that person ca n 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 le a st 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 operatio n of sUAS general ly 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 hav e 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 unpre dicted 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 t o 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 a erial 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 co mmercial 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 aeri al 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.