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ELEV-8 v2 approved under Section 333! — Parallax Forums

ELEV-8 v2 approved under Section 333!

I'm thrilled to announce that the Parallax ELEV-8 v2 Quadcopter Kit has been approved by the Secretary of Transportation under Section 333 of the 2012 FAA Modernization and Reform Act.

The FAA added the ELEV-8 v2 to their list of Approved Unmanned Aerial Systems (UAS) Make/Model under Section 333 on April 4, 2016. This is likely a result of the Exemption/Rulemaking request by the University of Michigan posted on 10/28/2015. The FAA granted them Exemption on 1/14/2016, but at that time did not approve the ELEV-8 v2 Quadcopter Kit, pending "an assessment [to be conducted by the FAA] on these aircraft, which also includes a finding that the proposed UAS meet the conditions in Section 333 of Public Law 112−95". Just yesterday, the FAA posted an Amendment to the University of Michigan's Exemption dated 4/7/2016, approving use of the Parallax ELEV-8 v2!

In early March, the FAA quietly changed the conditions of the exemptions they were granting; they began to include in every new exemption the clause "The list [of UAS that have been previously approved by the Secretary], which is updated monthly, is posted at www.regulations.gov under docket number FAA-2007-3330. The petitioner is also authorized to operate any UAS on that list, when weighing less than 55 pounds including payload while this exemption is valid." As two lawyers point out, "Prior to this change, anyone seeking permission to operate a UAS had to list specific makes and models of aircraft, and received an exemption limited to those aircraft. If an operator wanted to add a new type of aircraft, an amendment was required. Under this new language, an amendment will only be required if the operator wants to add a unique design that has not been previously been approved...Unfortunately, due to the nature of exemptions, this change is not retroactive." This means all petitioners that receive Section 333 exemption going forward will be authorized to operate an ELEV-8 v2 Quadcopter.

I also noticed that the FAA changed many of the conditions and limitations listed in every exemption (to see the difference, compare the University of Michigan exemptions from 1/14/2016 and 4/7/2016). One of the changes that is most relevant to the ELEV-8 v2 Quadcopter is the change of condition 19 from "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." to "For UAS operations where GPS signal is necessary to safely operate the UA, the PIC must immediately recover/land the UA upon loss of GPS signal...If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land." This means a GPS is no longer absolutely necessary to operate UAS in accordance with the new Section 333 Exemptions.

P.S. - Parallax is actively working on an Exemption/Rulemaking request for the ELEV-8 v3 Quadcopter Kit.

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