Functional Fitness

Michael Cocquyt 12 Tallwood Dr Hilton NY, 14468 585 478 3063

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 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, I am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, as an owner and operator of small unmanned aircraft , be exempted from the Federal Aviation Regulations ( “ FARs ” ) listed below so that I , may operate a small light weight unmanned aircraft system ( “ UAS ” ) commercially in airspace regulated by the Federal Aviation Administration ( “ FAA ” ).

This usage will be in order to film at take photographs of my personal training and outdoor recreational clients

, in order to give real time feedback of thei r athletic performance.

I have flown small RC electric helicopters and quad copters extensively and have already been following strict procedures in safety for my own personal recreational usage. I would like to e xtend this usage to a commercial purpose by offering the filming and feedback as a service to my athletic clients.

The UAV I currently use is well within all guidelines set forth by the
FAA.

The are as I will be using to operate will b e indoor or f ar fro m tightly controlled and limi ted airspace, in predetermined areas away from general public, airports, helipads and vehi cular traffic.Currently, similar lightweight, remote controlled UAS's are legally

operated by unmonitored amateur hobbyists with no safety pla n or controls in place to prevent catastrophe. I have personally instilled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to filming in athletic pursuits.

Granting this 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 “ ...esta blish 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 photography purposes. Further, I will conduct operatio ns in compliance with the protocols described herein or as otherwise established by the FAA , in addition to being an advocate for these protocols

.

For the reasons stated below, I , respectfully ask the grant of an exemption allowing to operate light weight, remote controlled UAS’s for the benefit of personal training and athletic performance , through my training company, Functional Fitness, in a unique way t o integrate this great technology into the sport and recreation field.

This will not only create betterment for these athletes but also

, with the use of social media, create a further interest in being active and pursuing an active lifestyle th ough the us e of proper instructional staff ie: personal trainers, to promote safe and effective exercise habits for the general population

.

I. Contact Information: Functional Fitness
Owner: Michael Cocquyt 12 Tallwood Dr Hilton NY, 14468 (585) 478

- 3063 M coc1 105@gmail.com

II

. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Michael Cocquyt RequestsExemption are:

14 CFR 21; 14 C.F.R. 45.23(b);
1 4 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).

III. The Extent of relief Michael Cocquyt seeks and the Reason it seeks Such Relief: I, Michael Cocquyt , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent 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. My

, ultra light weight UAS meets the definition of “ small unmanned aircraft ” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. We would like to operate the ultra light weight UAS p rior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system.

Considerations include: The weight, 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 myself

.

My UAS utilizes four (4) counter

- rotating propellers for balance, control and stability. Our UAS is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 36 mph wind. For safety, stability and fear of financialloss, I will not fly in winds exceeding 10 mph. Built in safety systems

include a GPS mode that allows our UAS to hover in place when radio controls are released. With three modes to choose from, we utilize the Smart Mode 4 for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost UAS is designed slowly descend to point of take off.
I do not operate the UAS near airports, Hospitals nor Police heliports, 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/Medica l helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or we suspect manned aircraft may approach near my location. My UAS is capable of vertical and horizontal oper ations, and is flown only within my line of sight of the operator/pilot, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between three (5) to seven (10) minutes, with an altitude under one hundred fifty (150) feet.

I utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is 25 minutes as tested. I do not operate my UAS at or below manufacture recommend minimum c harge levels for operation; preferring to remain well 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 for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarizat ion with the characteristics of t his specific UAS' s performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety. I am extremely cautious when operating the UAS/ultra light weight unmanned aircraft and 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 the UAS it falls well 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.IV. How My Service ’ s Request Will Benefit the

Public As A Whole: My services will allow athletes and fitness enthusiasts to see their performance moments after a drill or activity. This will increase their safety and effectiveness of movement

. My clients will also be able to post their workouts o nline to encourage their friends and spread the knowledge of safe and effective exercise, Through the unique views I can only capture via a moving aerial camera.

V. Reasons Why Eagle

- Eye Drone Service ’ s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My usages will follow the following guidelines set forth by the FAA, as recorded and reviewed from the propos al from Eagle Eye Drone Service, to ensure there is no greater risk than any recreation or hobb i est usage.

Conditions and Limitations In this grant of exemption, Eagle

- Eye Drone Service is hereafter referred to as the operator. 3 Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemp tion. 1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exempt ion. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspe ed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an

altitude of no more tha n 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than correct ive lenses, as specified on the PIC’s

FAA

- issued airman medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all

times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS

and conduct it s operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrat or upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and mustbe followed. Otherwise, the operator mu st follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised 4 documents to the Administrator

or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon wh ich the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator i s responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight insp ection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenan ce has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. E ach UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be

opera ted under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 5 14 CFR § 61.5 1(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemptio n are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are con sidered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be

conducted u nder visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Director y (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a

COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UA may not be operated 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. 18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property. 19. ThePIC must abor t the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohibited

from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in

accordance with an A TO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 22. All aircraft operated in accordance with this exemption must be identified by seria l number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 6 23. Documents used by the operator to ensure the safe operation an d flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device or vehicle. 26. All Flight operations must be cond ucted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operato r must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects

and dete rmined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled

- access property with per mission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgres ses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. If this exemption permits operations for the purpose of

closed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption. 7 30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the l ocal Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave pe rmission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations may beconducted closer than 500 feet from participating persons consenting to be involved and necessary for

the filming production, as specified in the exemption holder’s MPTOM.

I grea tly appreciate your time in reviewing my request. I believe although my film usage is unique

, my protocols and actual flight usage is similar to any other aerial photography usage which has already been granted. With your permission, I look forward to launching the p ersonal trainer, client relationship with this new technology in giving better feedback and promoting physical activity and exercises nationwide.

Sincerely Michael Coc quyt Owner and Operator of Functional Fitness