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 their 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 extend 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 areas I will be using to operate will be indoor or far from tightly 

controlled and limited airspace, in predetermined areas away from general 

public, airports, helipads and vehicular traffic.
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. 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 “...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 photography purposes. Further, I will conduct operations 

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 to 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 though the use 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

Mcoc1105@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal

Regulations From Which Michael Cocquyt 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).

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’sinterest 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 prior 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 financial 
loss, 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/Medical 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 operations, 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 charge 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 familiarization with the characteristics of this 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 online 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 proposal from Eagle Eye Drone Service, to 

ensure there is no greater risk than any recreation or hobbiest 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 exemption. 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 exemption. 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 airspeed 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 than 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 corrective 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 its 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 Administrator 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 must 
be followed. Otherwise, the operator must 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 which 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 is 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 inspection 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 maintenance 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. Each 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 

operated 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 § 61.51(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 exemption 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 considered 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 under 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 Directory (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. The 
PIC must abort 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 ATO-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 serial 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 and 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 conducted 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 operator 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 determined 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 permission 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 transgresses 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 local 

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 permission 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 be 
conducted 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 greatly 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 personal 

trainer, client relationship with this new technology in giving better feedback 

and promoting physical activity and exercises nationwide.

Sincerely

Michael Cocquyt

Owner and Operator of Functional Fitness