US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Administration

February 20, 2016

Jason E. Alvarado

Seraphim Aerial Media

15344 Uravan Street

Brighton, Colorado 80601

seraphimaerialmedia@gmail.com

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Administration Regulations from: 14 CFR 21 subpart H; 14 CFR 

45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 

14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) 

and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 

91.417(a) and (b) 

Dear Sir or Madam: 

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

Act") and 14 CFR Part 11 Jason Elijah Alvarado operator of Unmanned Aircraft Systems 

(UAS), hereby applies for ·an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of Designated UAS, provided such operations 

are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. 

Thank you in advance for your consideration. 
Commercial operation of an UAS, as described herein, which are equipped with camera(s) 

and sensors, would provide professional services in the following areas:

1. Surveying, aerial photography, videography and data acquisition for mine-related 

services.

2. Aerial videography and cinematography.

3. Search operations for missing persons

4. Aerial filming and photographing inspections

5. Aerial acquisitions and research

6. Aerial filming and photography for coverage of events, enhanced real estate 

listings, and structural inspections

7. Aerial videography and cinematography to enhance academic community 

awareness and to augment real estate listing videos

8. Aerial acquisitions and research over certain populated and rural areas of the 

United States

9. Aerial survey, aerial photography and film and to assist search and rescue 

operations in remote areas.

10. Aerial still photography.

11. Aerial photography, structural inspections of bridges, pipelines, well and cell 

towers, real estate marketing and surveys and other flight operations.

12. Commercial training of suss pilots and videography and photography of real 

estate property.

13. Operations involving creation of image maps, photographs, and videos of cellular 

phone towers.

14. Low altitude aerial photography and videography.

15. Roof and bridge inspections.
As described fully below, the requested exemption would permit the operation of 

designated UAS as set forth in this document under controlled conditions in the NAS that 

would be a) limited b) controlled c) predetermined and d) safe. Approval of this 

exemption would increase public awareness of UAS operations and enhance safety to aid 

in fulfilling 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." 

The name and address of the applicant is

J.E. Alvarado

Seraphim Aerial Media

15344 Uravan Street

Brighton, Colorado 80601

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a)

Seraphim Aerial Media will operate one or more of the Following model UAS:

DJI Phantom P3 and a DJI Phantom Inspire 1

Aircraft

DJI PHANTOM P3 Professional

Weight (Including Battery)

1216 g
Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Max Flight Time

Approximately 25 minutes

Operating Temperature

0°C to 40°C

Navigation System

Built-in GPS

Gimbal

Controllable Range

Pitch -90° to +30°

Angular Vibration Range

±0.02°

Camera

Sensor

1/2.3” Effective pixels:12 M

Lens

FOV (Field Of View) 94° 20 mm (35 mm format equivalent) f/2.8

Iso Range

100-3200 (video) 100-1600 (photo)

Electronic Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

• Single Shot

• Burst Shooting: 3/5/7 frames

• Auto Exposure Bracketing (AEB): 3/5

• Bracketed Frames at 0.7EV Bias

• Time-lapse

Video Recording Modes

• 2.7K: 2704 x1520p 24/25/30 (29.97)

• FHD: 1920x1080p 24/25/30

• HD: 1280x720p 24/25/30/48/50/60
Max.Video Bitrate

40 Mbps

Supported File Formats

• Micro SD Card: FAT32/exFAT

• Photo: JPEG, DNG

• Video: MP4, MOV (MPEG-4 AVC)

Supported Sd Card Types

Micro SD Card 8 GB included

Operating Temperature

0°C to 40°C

Remote control

Operating Frequency

5.725 GHz – 5.825 GHz, 922.7 MHz – 927.7 MHz (Japan)

Max Transmission Distance

FCC: 1000 m; CE: 500 m (outdoors and unobstructed, aircraft's altitude at 400 feet (120 

m)) Operating Temperature0°C to 40

DJI Inspire 1

Aircraft

Model

T600

Weight (Battery Included)

2935 g

Hovering Accuracy (Gps Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude
4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range

-10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Power Spectral Density 9.06mW/MHz

Gimbal

Model

ZENMUSE X3

Operating Current

Station: 750 mA

Motion: 900 mA

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch: -90° to +30°

Pan: ±320°

Mechanical Range

Pitch: -125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera

Name

X3
Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

Iso Range

100-3200 (video)

100-1600 (photo)

Electronic Shutter Speed

8s - 1/8000s

Fov (Field Of View)

94°

Cmos

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time-lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Remote Control

Name C1

Operating Frequency 

5.725~5.825 GHz

2.400~2.483 GHz

Transmitting Distance (Outdoor And Unobstructed)
2 km

Eirp

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini-HDMI

Power Supply

Built-in battery

Charging

DJI charger

Dual User Capability

Mobile Device Holder Tablet or Phone

Battery

Name

Intelligent Flight Battery

Model

TB48

Capacity

5700 mAh

Voltage

22.8 V

Battery Type

LiPo 6S

Energy

129.96 Wh

Net Weight

670 g

Operating Temperature Range

-10° to 40° C

Given the small size of the UAS in scope and the controlled environment provided, the 

proposed operations will adhere to the Reform Act's safety requirements. The approval of 

this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly, the applicant graciously 

requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as set 

forth in the Flight Operations Manual (FOM) include:
1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with 

battery and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed 

of

no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model 

in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery 

power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged 

a minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day's flights consisting of all the days' 

Production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only. 

11. The flights will occur in Class G airspace no closer than a Smile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight.
14. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 100 feet 

of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as U.S. Department of Transportation required under the 

FOM. With the advanced permission of the FSDO, operations at closer range may be 

approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date

information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS

will have the capability to return to a predetermined

location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an

automated "Return Home and Land" function.

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

weather, or emergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the 

size and limited operating area associated with the aircraft to be utilized by the Applicant, 

an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas 

of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, 
carries neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both 

the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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. Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word "Experimental" can be placed. Given the size of the UAS, two inch 

lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). US Department of Transportation February 20, 2015 The 

equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see 

the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Private 

Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), 

no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire. The proposed UAS

operations may achieve an equivalent level of safety as achieved by current Regulations 

because the applicant's UAS do not carry any pilots or passengers nor property. The risks 

attendant to the operation of UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct 

supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical 

certificate. It is believed that the operation and limitations set forth in the FOM will equate 

to the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person 

may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft 

for maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided. 

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

provides: No person may operate a U.S. registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there 
is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to 

take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft an exemption will be needed. The PIC 

will take all actions as stated in the FOM in Section 4 under Normal Procedures including 

but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight 

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate 

a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, 

by their design do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for 

operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than 

the minimums prescribed, provided the person operating the helicopter complies with any 

route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS 

that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an 

exemption may be needed to allow such operations. As set forth herein, the UAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the 

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the 

UAS will not be operated more than 200 feet above the highest point on the structure. It 

will however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their pre obtained consent. The 

equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property owner

and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum SSibs. Proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500 AGL. In addition, the low altitude 
operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an 

aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the 

elevation of the departure airport or an appropriate altimeter setting available before 

departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved 

by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

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

(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed- (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within 

the scope of prior exemptions. Operating the UAS in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. The applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power- whichever happens first. This restriction would be more than adequate to 

return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may 

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate . . . . (b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it 

is legible to passengers or crew. The UAS fully loaded weighs well under the proposed 

551b limit and is operated without an onboard pilot. As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft 

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

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in 

compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to the applicant. Maintenance
will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited 

in size and will carry a small payload and operate only in restricted areas for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the 

UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that 

the UAS is in working order prior to initiating flight and perform required maintenance 

needed. To be submitted with this request is the Seraphim Aerial Media Unmanned 

Aircraft System Operations Manual.

Additional Information.

The applicant Jason E. Alvarado is Veteran of the United States Army and current 

member of Law Enforcement, accordingly, the applicant strongly values safety and

integrity in the use of UAS. The applicant believes this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act 

of 2012, providing sufficient justification for the granting of commercial operations of the 

applicant's UAS.

The applicant, Jason E. Alvarado requests your respective approval of this Section 333

exemption petition request. 

Thank you for your attention in this matter. Please notify Jason E. Alvarado of your 

actions, and or approvals. Thank you, for your interest in this request. 

Sincerely, 

Jason E. Alvarado
Links to UAS user manuals

DJI PHANTOM P3 Professional

http://www.dji.com/product/phantom-3-pro

DJI Inspire 1

http://www.dji.com/product/inspire-1/info