2055 Corte del Nogal, Carlsbad, CA 92011 - Tel: (760) 930-9966 - Fax: (760) 930-9974 www.mc2consultantsinc.com

CONSTRUCTION FORENSICS SERVING CLIENTS NATIONWIDE

March 20, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., 

SE Washington, DC 20590

Re: Petition of MC Consultants, Inc., for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

To Whom it May Concern:

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

14 C.F.R. Part 11, MC Consultants, Inc. ("MC") hereby applies for an exemption from the

Federal Aviation Regulations ("FARs") identified below, to allow commercial operation of small 

unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for conducting aerial

inspections and surveys of structures and facilities as part of exterior building evaluations.

This petition is made based on information outlined in this Petition for Exemption, as well as 

the accompanying MC UAS Flight Operations Manual (hereinafter "MC Flight Operation

Manual"), Phantom 2 Vision Plus Pilot Training Guide v1.1, Phantom 2 Vision Plus Quick Start 

Guide, Inspire 1 User Manual v1.0, Inspire 1 Safety Guidelines, Inspire 1 Maintenance 

ManualV1.0, 1345 Propeller Locks Quick Start Guide, Intelligent Flight Battery Safety 

Guidelines (collectively referred to as "Manufacturer Manuals"). A copy of MC’s Operations

Manuals and other supporting materials will be submitted to the FAA as confidential documents 

pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial information 

that is highly proprietary to MC. In addition, these documents contain operating conditions and 

procedures that are not generally available to the public and are protected from release under 

the Freedom of Information Act, 5 U.S.C. § 552 et seq.
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TABLE OF CONTENTS:

1. Glossary of Abbreviations

2. Description of Petitioner

3. Description of Proposed Operations

A. Forensic Evaluation and Building Condition Assessments

B. Vehicular Accident Investigations

4. Relevant Statutory Authority

5. MC’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manual

6. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.20

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes

H. 14 C.F.R. § 91.121: Altimeter Settings

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges 

and Limitations

7. Privacy

8. Public Interest

9. Conclusion
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SECTION 1: GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulations

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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SECTION 2: DESCRIPTION OF PETITIONER

Established in 1989, MC Consultants is a leading national consulting firm with decades of 

experience and expertise in construction management, forensic investigations, litigation 

support, civil engineering, environmental investigations, and right-of-way management 

services. Our multidisciplinary team of consultants consists of highly credentialed 

professionals whose specialized knowledge and expertise allows us to deliver “the 

unmatched total solution” to every client. MC Consultants’ reputation for reliability and 

innovation is based on years of industry experience, seasoned leadership, and a 

distinguished team of professionals. The integration of experience and innovation provides 

opportunities for successful outcomes and enables us to efficiently deliver superior services 

and results that our clients have come to expect.

MC seeks to utilize the latest UAS technologies to provide higher level of efficiency and safer 

services for our clients. Forensic evaluations and building condition assessments performed 

by MC often involve the physical inspection of outdoor structures and facilities for the 

assessment of current element condition, damage, defects and accidents. These inspections 

typically involve recording images to document existing conditions. Depending on the nature

of the inspection, obtaining images of certain physical features may not be feasible due to 

dangerous conditions, limited access on the structure, risk of damage to structures, or the 

excessive height of the required viewing angle.

The use of UAS-assisted photography and video will provide a practical means to perform 

forensic evaluations and building condition assessments that would be otherwise unsafe to 

the employees of MC and the general public. The primary benefit of this technology would be

to assist in the close, detailed aerial inspection and examination of building materials. 

Inspection of steep-sloped roofs and multi-story exterior walls for residential and commercial 

buildings, examination of exhaust chimneys/stacks at industrial facilities, and the assessment 

of accidents by documenting evidence are just a few examples of where UAS-assisted 

photography would be of great benefit to MC consultants.

MC is dedicated to providing technologically driven and innovative solutions to address our 

client’s needs. The promise of UAS-assisted photography / video offers a safer and more

efficient means to perform forensic evaluations and building condition assessments. The use 

of this technology will better serve clients and improve public safety. It is in this spirit that MC 

seeks an exemption to use UAS technology for the commercial purpose of performing aerial 

inspections during building evaluations.

The contact information for Petitioner is as follows:

Kai Loedel

Chief Operating Officer

MC Consultants, Inc.

2055 Corte del Nogal

Carlsbad, CA 92011

Phone: (760) 930-9966

Fax: (760) 930-9974

Email: Kai.Loedel@mcconsultants.com
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SECTION 3: DESCRIPTION OF PROPOSED OPERATIONS

MC is seeking exemption pursuant to Section 333 of the Reform Act to use small UASs 

weighing less than 6.7 pounds for conducting aerial inspections and surveys during its 

forensic evaluations and building condition assessments. All UAS operations will occur under 

controlled conditions. The proposed UAS operations will be conducted in accordance with the

conditions and limitations of this Petition for Exemption and MC’s Flight Operation Manual. As 

detailed in the MC Flight Operation Manual, the proposed UAS operations will be limited to 

daytime VFR conditions in uncontrolled airspace, and will occur at least 5 miles away from an

airport as detailed in the Manufacturer’s Manuals. In addition, MC’s Flight Operation Manual 

incorporates redundant safeguards to assure that the aircraft does not travel outside the 

controlled area of UAS operations, including, but not limited to, GPS "geo-fencing"

technologies. The geo-fencing technology will be used to restrict which geographic 

locations UAS operates within. All MC UAS operation will utilize geo fencing technology to 

set UAS limits of travel to a controlled area encompassing the building, facility, vehicular 

accident site, or forensic evaluation location that is under assessment.

MC will utilize the following UAS’s for conducting aerial inspections and surveys during its 

forensic evaluations and building condition assessments (for compensation or hire within 

NAS):

 DJI Phantom 2 Vision+. The DJI Phantom 2 Vision+ is comprised of a vertical takeoff 

and landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control 

Station (GCS). The DJI Phantom 2 Vision+ UA has a maximum gross weight of 

approximately 2.7 pounds, while having a diagonal distance (motor to motor) of 

approximately 14 inches, and maximum speed of 34 mph (approximately 29 knots).

The DJI Phantom 2 Vision+ is equipped with four propellers, each being driven by a 

Lithium Polymer battery powered electric motor.

 DJI Inspire 1. The DJI Inspire 1 UAS is comprised of a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS).

The DJI Inspire 1 UA has a maximum gross weight of approximately 6.7 pounds, 

while having a diameter of 23 inches, and maximum speed of 49 mph (approximately 

42 knots). The DJI Inspire 1 UA is equipped with four propellers, each being driven by 

a Lithium Polymer battery powered electric motor.

Sub-Section A: Forensic Evaluation and Building Condition Assessments

MC performs hundreds of forensic evaluations and various building condition assessments 

every year. These evaluations include both distant and close observation and photographic 

documentation. Close proximity inspections of building elements include review and 

documentation of exterior roof coverings, exterior claddings, windows, doors, exterior 

balconies, safety railing, etc. While most of the building elements are easily accessible by 

ladder, some elements require the use of aerial work platforms and various types of 

scaffolding. However, some building elements such as tall roofs are at such a height, that 

conventional ladders cannot reach them, and the use of other inspection methods may not be 

feasible due to site conditions and project logistics. UAS assisted photography will aid in 

documenting the observable conditions of these building components that are not accessible 

by any other safe or practical means. While the use of ladders, aerial work platforms and 
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suspended scaffolding are appropriate in some cases, depending on inspection conditions, 

these methods may expose both the inspecting engineers and the general public to 

unnecessary risk of harm or serious injury, making their use impractical or impossible. UASassisted photography provides a safe and effective alternative means for performing forensic 

evaluations and various building condition assessments, while also minimizing the risk of 

harm to inspectors and the general public. GPS "geo-fencing" technologies may be used to 

set UAS limits of travel to a controlled area encompassing the building or facility that is 

under evaluation.

Sub-Section B: Vehicular Accident Investigations

MC periodically evaluates vehicular accidents to determine causation through state-of-the-art 

data collection, three-dimensional computer simulation, and analysis software tools. MC 

analyzes single and multiple-vehicle accidents of all types and investigates the roles of 

human, vehicle and environmental factors in such accidents. Accident reconstruction 

engineers perform thorough analyses to develop a reconstruction of the accident that is 

consistent with physical evidence. Our analytical procedure consists of a series of systematic 

steps that includes reviewing documents, identifying technical issues, documenting the 

accident site, and conducting vehicle and component inspections. The site evaluations 

commonly involve examination of the affected vehicle(s), as well as documenting conditions 

at the site where the accident occurred. Site evaluations may require close examination to 

identify details such as skid marks, grade variations, and roadway defects. Overall 

observation and distant photographic documentation are necessary to assess the site 

conditions of the accident location, but often cannot be feasibly obtained using traditional 

fixed-wing or rotorcraft aircraft. Aerial images provided by UAS technology would aid in the 

analysis of vehicle pathways, traffic behavior at intersections, and visualizing the general area

of the accident. Knowledge gained from vehicle accident investigations is used by the 

transportation industry to improve public safety. When necessary, local law enforcement shall

be used to establish a secure zone around a traffic intersection to allow safe and efficient 

UAS operation. GPS "geo-fencing" technologies may be used to set UAS limits of travel to 

a controlled area encompassing the accident site.

SECTION 4: RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform 

Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform 

Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National 

Air Space ("NAS") where it is safe to do so based on the following considerations:

 The UAS size, weight, speed, and operation capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

In addition, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of 

the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 

44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption, (1) would benefit the public as a whole, and (2) would not adversely affect safety
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(or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 

11.81 (petitions for exemption).

SECTION 5: PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

The small UAS operations proposed by MC in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria 

and relevant factors are satisfied.

 Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

MC will employ the DJI Phantom 2 Vision+ quadcopter for the operations specified in this 

Petition for Exemption. This is the same UAS model approved for use in the FAA's Grant of 

Exemption to Douglas Trudeau, Docket No. FAA-2014-0481. This UAS has a maximum takeoff weight of less than 3 pounds. The flight speed will not exceed 30 knots, and it will not be 

flown in controlled airspace or at an altitude that exceeds 400 feet AGL without prior written 

authorization and approval from the FAA. All flights will be flown in such a way that they can 

be safely terminated once the operator receives the first low battery warning (approximately 

30% of the battery's maximum charge). The DJI Phantom 2 Vision+ does not carry any 

flammable propellant or fuel. The UAS also has an integrated GPS system that calculates the 

UAS's position and height and relays that information via a secure connection to the operator. 

Additionally, as acknowledged by the FAA in its prior grant of exemption to Douglas Trudeau, 

the DJI Phantom 2 Vision+, "Has the capability to operate safely after experiencing certain inflight contingencies or failures and uses an auto-pilot system to maintain UAS stability and 

control. The UAS is also able to respond to a loss of GPS or a lost- link event with precoordinated automated flight maneuvers."

 Approval is Warranted Based on the Operational Restrictions Set Forth in the Flight 

Operations Manual

The MC Flight Operations Manual and the Manufacturer's Manuals for the selected UAS will 

contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of MC’s proposed operations, below is a summary of operational limitations and 

conditions that will ensure an equivalent or higher level of safety to operations conducted 

under current regulatory guidelines:

1. The DJI Phantom 2 Vision+ weighs less than 3 pounds, fully loaded.

2. The DJI Inspire 1 weights less than 7 pounds, fully loaded.

3. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply

with the Federal Communications Commission ("FCC") or other appropriate

government oversight agency requirements.

4. Minimum crew for each operation will consist of a pilot, who will be Pilot-in Command 

("PIC") of the UAS, and one or more Visual Observers ("Observer") as necessary to 

safely conduct the mission.
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5. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and 

Observer at all times. The PIC will use human vision unaided by any device other than 

corrective lenses.

6. The UAS shall be operated during daylight only. Operations shall occur during daytime 

VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall 

not be conducted. UAS operations under Instrument Flight Rules, at night, or beyond 

VLOS are prohibited.

7. The Observer designated for any operation will be in constant voice contact with the 

PIC.

8. The additional requirements identified in the exemption grant shall be added to MC’s 

Flight Operations Manual. The Flight Operations Manual will be maintained and made

available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in the granted exemptions and the MC Flight Operations

Manual, the conditions and limitations in the granted exemptions will incorporated into 

the Flight Operations Manual.

9. The UAS will be operated and maintained according to the Manufacturer's Manuals 

and any required manufacturer Safety/Service Bulletins.

10. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 14 C.F.R part 47, and have identification 

markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large 

as practicable.

11. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition safe 

for flight. The PIC shall not operate the UAS if the inspection reveals a condition that 

affects the safe operation of the UAS until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. All maintenance 

and alternations must be properly documented in the UAS records.

12. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics must undergo a functional test flight in accordance with MC’s 

Flight Operations Manuals. The PIC who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight.

13. Prior to the operation, there will be a Flight Plan setting forth the operational limitations 

and conditions for the flight operations, as well as key personnel contact information 

and a description of any potential hazards on or in the vicinity of the survey site.

14. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UAV once the low battery warning is received 

(approximately 30% of the battery's maximum charge).

15. The UAV shall remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).
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16. The UAS will not be operated by the PIC from any moving device or vehicle.

17. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace.

18. Flights will be operated at a lateral distance of at least 200 feet from any 

nonparticipating persons, unless that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from UAS failure.

19. At no time will the UAS be operated so close to persons or objects to present an 

undue hazard to the PIC or Observer, pursuant to § 91.119(a).

20. UAS operations will occur at least 200 feet away from non-participating vehicles or 

structures unless the property owner/controller has granted permission, and the PIC 

has made a safety assessment of the risk of operating closer to those objects. At no 

time will the UAS be operated so close to structures or vehicles as to present an 

undue hazard to the PIC or Observer, per § 91.119(a).

21. Flights will be limited to a speed of 30 knots and vertical ascent / decent will be limited 

to 15 fps.

22. If the UAS loses communication with the PIC, the UAS has the capability to return to a 

pre-determined location within the operational area and land safely.

23. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

24. The UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. The PIC will abort the flight in the event of unpredicted 

obstacles or emergencies in accordance with the MC’s Flight Operations Manuals.

SECTION 6: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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, including UASs, from its safety regulations and minimum standards when 

the Administrator decides a requested exemption is in the public interest.

MC seeks an exemption from several interrelated provisions of Title 14 of the Code of 

Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using a UAS. Listed below are the specific sections of 14 C.F.R for 

which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.20

The FAA has stated that no exemption is needed from this section if a finding is made under 

the Reform Act that the UAS selected provides an equivalent level of safety when compared 

to aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.
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B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that MC’s small UASs would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 

21, Subpart H, supra.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

MC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required for 14 

C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found 

inapplicable. See Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests 

that the requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

MC seeks exemption from 14 C.F.R. § 91.9(b)(2). Given the small size and configuration of 

the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals 

on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

MC seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides 

that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with Part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not 

less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) 

markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable." FAA Docket No. FAA-2014-0352.
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F. 14 C.F.R. § 91.103: Preflight Action

MC seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent 

that an FAA-approved Flight Manual is required.

G. 14 C.F.R. § 91.119: Minimum Safe Altitudes

MC seeks an exemption from the minimum safe altitude requirements of 14 C.F.R.

§ 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA."

An exemption is required because the proposed UAS operations will occur below 400 feet 

AGL. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) 

may need to be less than 500 feet away from the UAS.

H. 14 C.F.R. § 91.121: Altimeter Settings

MC seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required to the 

extent that the UASs do not have a barometric altimeter, but rather GPS altitude display.

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

MC seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. The technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Additional information: Individual MC Flight operations will be limited 15 minutes or less.

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

MC seeks an exemption from the maintenance inspection requirements contained in

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 

14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply 

to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of 

exemption will not have.
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K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

61.113: subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if -

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

MC seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders 

from flying aircraft for compensation or hire, and would also require a second class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In the 

Grant of Exemption to Astraeus Aerial17, the FAA determined that the unique characteristics 

of UAS operation outside of controlled airspace did not warrant the addition cost and 

restrictions attendant with requiring a the PIC to have a Commercial Pilot Certificate and 

Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to 

become qualified as a commercial pilot would not lead to any additional safety benefits when 

UAS operations are involved. Furthermore, while helpful, a pilot license will not ensure 

remote control piloting skills. The risks associated with the operation of small UAS is far less 

than the risks associated with the commercial activities outlined in 14 CFR § 61.113 (a) & (b). 

SECTION 7: PRIVACY

All MC UAS operations will be conducted in accordance with applicable federal, state, or local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land/building owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be obtained for each 

flight to be conducted. Notification of inspection activities (including UAS operations) will be 

delivered via land/building owner/controller or authorized representative a minimum of 24 

hours prior to inspection day/UAS operations.

SECTION 8: PUBLIC INTEREST

The public interest will be served by granting MC’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act—the FAA Administrator's assessment of whether certain UAS may operate safely in the

NAS before completion of the statutorily required rulemaking. The proposed UAS operations 

in this Petition for Exemption significantly improve safety and reduce risk by alleviating the 

public's exposure to danger associated with traditional aerial survey and inspection methods, 
MC Consultants, Inc.

2055 Corte del Nogal 03/20/2015

Carlsbad, CA 92011 Page 13 of 14

CONSTRUCTION FORENSICS SERVING CLIENTS NATIONWIDE

namely, full size fixed-wing aircraft and rotorcraft as well as the use of inherently dangerous 

equipment use such as scaffolding and aerial work platforms. The UASs that MC intends to 

use weight less than 3 pounds (DJI Phantom 2 Vision+) and less than 7 pounds (DJI Inspire 

1), are battery powered, and create no emissions. Moreover, in the unlikely event that one of 

Petitioner's UASs crash, there is no fuel to ignite and explode. Any accident involving 

Petitioner's lightweight UASs will present significantly less danger to the pilot and other 

individuals on the ground than one involving a full size aircraft or significantly larger UAS. 

Furthermore, MC’s UASs will be capable of documenting conditions that may have been 

otherwise inaccessible using traditional inspection and survey methods. UAS-assisted 

photography will also reduce the risk of harm to inspecting engineers and consultants by not 

exposing them to hazards associated with inspection of dangerous or unsafe physical 

conditions often present in buildings and structures that have been damaged.

SECTION 9: SUMMARY AND CONCLUSION

MC seeks exemption from the following rules in Title 14 of the Code of Federal

Regulations: 14 C.F.R. 21, subpart H; 14 C.P.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.P.R. § 91.409 (a)(2); 14 C.P.R. § 

91.409 (a)(2); and, 14 C.P.R. §§ 91.417 (a) & (b) to commercially operate lightweight 

unmanned UAS during forensic evaluations and building condition assessments.

Granting MC Consultants request for exemption will reduce current risk levels and thereby 

enhance safety. UAS technologies applied to building inspection services will provide higher 

level of efficiency and safer services for our clients. Forensic evaluations and building 

condition assessments performed by MC often involve the physical inspection of outdoor 

structures and facilities for the assessment of current element condition, damage, defects 

and accidents. Obtaining images of certain physical features may not be feasible due to 

dangerous conditions, limited access on the structure or the excessive height of the required 

viewing angle.

The use of UAS-assisted photography will provide a practical means to perform forensic 

evaluations and building condition assessments that would be otherwise unsafe to the 

employees of MC and the general public. UAS-assisted photography also offers a safer and 

more efficient means to perform forensic evaluations and building condition assessments. 

The use of this technology will better serve clients and improve public safety.

MC Consultants respectfully requests that the FAA grant its exemption request without delay. 

The FAA has the authority to issue the exemption sought by MC Consultants pursuant to the 

Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

Respectfully submitted,

Kai Loedel

Chief Operating Officer

MC Consultants, Inc.

2055 Corte del Nogal

Carlsbad, CA 92011
MC Consultants, Inc.

2055 Corte del Nogal 03/20/2015

Carlsbad, CA 92011 Page 14 of 14

CONSTRUCTION FORENSICS SERVING CLIENTS NATIONWIDE

The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held 

in a separate file pursuant to 14 C.F.R. § 11.35(b).

Attachments:

1. MC Consultants, Inc.:

a. MC_UAS_Flight_Operations_Manual_v1.0

2. DJI Phantom 2 Vision+:

a. Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1

b. Phantom_2_Vision_Plus_Quick_Start_Guide

c. Phantom_2_Vision_Plus_User_Manual_v1.8

d. Smart_Flight_Battery_Safety_Guidelines

3. DJI Inspire 1:

a. Inspire_1_User_Manual_v1.0

b. Inspire_1_Safety_Guidelines

c. Inspire_1_Maintenance_ManualV1.0

d. 1345_Propeller_Locks_Quick_Start_Guide

e. Intelligent_Flight_Battery_Safety_Guidelines
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 Flight Operations Manual (v1.0) www.mc2consultantsinc.com

MC Consultants Flight Operations Manual (v1.0)

1. GENERAL PROTOCOL:

1.1. Review and consult the UAS manufacturers manuals:

1.1.1. DJI Phantom 2 Vision+:

1.1.1.1. Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1

1.1.1.2. Phantom_2_Vision_Plus_Quick_Start_Guide

1.1.1.3. Phantom_2_Vision_Plus_User_Manual_v1.8

1.1.1.4. Smart_Flight_Battery_Safety_Guidelines

1.1.2. DJI Inspire 1:

1.1.2.1. Inspire_1_User_Manual_v1.0

1.1.2.2. Inspire_1_Safety_Guidelines

1.1.2.3. Inspire_1_Maintenance_Manual_v1.0

1.1.2.4. 1345_Propeller_Locks_Quick_Start_Guide

1.1.2.5. Intelligent_Flight_Battery_Safety_Guidelines

1.2. Minimum crew for each operation shall consist of a pilot, who will be Pilot-in Command 

("PIC") of the UAS, and one or more Visual Observers ("VO") as necessary to safely

conduct the mission

1.3. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and VO at 

all times. The PIC will use human vision unaided by any device other than corrective 

lenses

1.4. The UAS shall be operated during daylight only. Operations shall occur during daytime 

VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall 

not be conducted. UAS operations under Instrument Flight Rules, at night, or beyond 

VLOS are prohibited

1.5. The Observer designated for any operation will be in constant voice contact with the 

PIC

1.6. Prior to operation, PIC and VO are to prepare a Flight Plan setting forth the operational 

limitations and conditions for the flight operations and a description of any potential 

hazards on or in the vicinity of the survey site

1.7. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UAV once the low battery warning is received 

(approximately 30% of the battery's maximum charge)

1.8. The UAV shall remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.)

1.9. The UAS shall not be operated by the PIC from any moving device or vehicle

1.10. Flights will be operated at an altitude of no more than 400 feet AGL and will 

never enter navigable controlled airspace

1.11. Flights will be operated at a lateral distance of at least 200 feet from any 

nonparticipating persons, unless that person is in a position where he or she is shielded 

from the UAS and any possible debris resulting from UAS failure

1.12. Warning signage shall be placed within 150 feet of UAV operations.

1.13. At no time shall the UAS be operated so close to persons or objects to present 

an undue hazard to the PIC or Observer
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 Flight Operations Manual (v1.0) www.mc2consultantsinc.com

1.14. UAS operations shall occur at least 200 feet away from non-participating vehicles 

or structures unless the property owner/controller has granted permission, and the PIC 

has made a safety assessment of the risk of operating closer to those objects. At no 

time shall the UAS be operated so close to structures or vehicles as to present an 

undue hazard to the PIC or Observer

1.15. Flights shall be limited to a speed of 30 knots and vertical ascent / decent will be 

limited to 15 fps

1.16. Contingency plan must be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer

1.17. The PIC shall abort flight in the case of unpredicted obstacles or emergencies.

Refer to section four below

2. PRE-FLIGHT PROTOCOL:

2.1. Review local weather forecast

2.2. Inspect surroundings

2.2.1. Visually review the flight location and surroundings

2.2.2. Identify potential risks and challenges

2.2.2.1. Vicinity of public safety helipads/heliports

2.2.2.2. Vicinity of medical helipads/heliports

2.2.2.3. Vicinity of airport(s)

2.2.2.4. Vicinity of light poles

2.2.2.5. Vicinity of utility poles/towers/lines

2.2.2.6. Vicinity of trees

2.2.2.7. Vicinity of elevated obstructions

2.2.2.8. Vicinity of roadways with moderate to heavy traffic

2.2.2.9. Flocks of birds that may cause interference and potentially impact flight

2.2.2.10. Public gatherings that may attract viewer

2.2.2.11. Identify optimal point of control to maintain direct line of sight at all times

2.2.2.12. Identify optimal point of home position and launch/land location

2.3. Place warning signage in appropriate locations

2.3.1. Place sign(s) that warn potential observes or bystanders in public spaces

2.3.1.1. Warning signs should state the following

“ATTENTION! AERIAL PHOTOGRAPHY IN PROGRESS.

FOR YOUR SAFETY PLEASE REMAIN 150 FEET BACK”

2.4. Inspect UAS:

2.4.1. Verify that all batteries are in proper working condition

2.4.1.1. Visually inspect batteries for swelling, damage, or leakage

2.4.1.2. Verify that all batteries are fully charged

2.4.2. Verify that the UAV is in proper working condition

2.4.2.1. Visually inspect the propellers for warps, chips, and cracks

2.4.2.2. Visually inspect the UAV arms and body for damage/loose connections
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 Flight Operations Manual (v1.0) www.mc2consultantsinc.com

3. FLIGHT PROTOCOL:

3.1. Install propellers and propeller locks (if applicable)

3.2. Install battery

3.3. Power on radio then power on UAV

3.4. Set geo-fence that limits UAV flight path to the inspection location only

3.5. Visually inspect immediate and adjacent surroundings

3.6. Lift UAV approximately 4 feet off of ground and allow to hover in place

3.7. Verify that all system inputs are responding normally

3.8. Maneuver UAV in a slow controlled manner at all times

3.9. Restrict flight altitude to a minimum elevation sufficient to acquire data

3.10. Remain alert to surroundings including the following:

3.10.1. Approaching people and vehicles

3.10.1.1. VO shall deflect all distraction from PIC

3.10.2. Birds

3.10.3. Manned aircraft

3.10.4. Changes in wind speed and direction

3.10.5. Location of the sun

3.10.6. Changes in cloud coverage

3.11. Land UAV in same location as take off

4. UNPREDICTED OBSTACLES OR EMERGENCIES

4.1. If at any time the PIC or VO observes or encounters an unpredicted obstacle, the PIC 

shall immediately land the UAV in a safe location

4.2. The PIC may increase or decrease altitude based on the location of the unpredicted 

obstacle to avoid the obstacle

4.3. If an unpredicted obstacle is identified during normal flight, the PIC shall return the 

UAV to its home position to further identify the challenge and create a new flight plan

4.4. If the UAV begins to act in an unpredictable manner then the PIC shall land the UAV 

immediately

5. POST-FLIGHT PROTOCOL

5.1. Shut down UAS

5.2. Remove propellers

5.3. Allow all batteries and UAV to cool down

5.4. Place batteries, transmitter(s), propellers, and accessories into carrying case

5.5. Log flight time and any conditions that changed during flight

5.6. Charge batteries pursuant to manufacturers recommendations

5.7. Ensure that all systems have the most current version of firmware/software installed

6. FLIGHT LOGS:

6.1. The PIC must maintain flight and maintenance logs using the forms below:
Flight Log (v1.0) www.mc2consultantsinc.com

CONSTRUCTION FORENSICS SERVING CLIENTS NATIONWIDE

MC Consultants Flight Operations Flight Log (v1.0)

Pilot in Charge:

Visual Observer:

Date:

Project Name:

Project Number:

Location:

Weather Conditions:

UAS:

Flight Plan:

Challenges:

Flight Notes:

Pre-Flight Checklist: Inspect surroundings

Note flight plan

Note challenges

Place warning signage

Inspect UAS

Inspect batteries

Tighten props / install prop locks

Inspect/tighten all connections

Review flight plan

Place warning signage

Set geo-fence (if applicable)

Test control inputs
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Maintenance Log (v1.0) www.mc2consultantsinc.com

MC Consultants Flight Operations Maintenance Log (v1.0)

Maintenance Performed by:

UAS: DJI Inspire 1 Identification Number

Date: Notes:

Checklist: Inspect UAS

Inspect camera

Inspect batteries

Inspect cables

Inspect charger

Tighten all connections

Inspect propellers

Update software

Update firmware

Calibrate IMU

Calibrate compass

Test control inputs

Charge batteries

Additional Notes:
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 Flight Operations Manual (v1.0) www.mc2consultantsinc.com

MC Consultants Flight Operations Maintenance Log (v1.0)

Maintenance Performed by:

UAS: DJI Phantom 2 Vision+ Identification Number

Date: Notes:

Checklist: Inspect UAS

Inspect camera

Inspect batteries

Inspect cables

Inspect charger

Tighten all connections

Inspect propellers

Update software

Update firmware

Calibrate IMU

Calibrate compass

Test control inputs

Charge batteries

Additional Notes: