887
Federal Aviation Administration, DOT
§ 101.13
101.33
Operating limitations.
101.35
Equipment and marking require-
ments.
101.37
Notice requirements.
101.39
Balloon position reports.
A
UTHORITY
: 49 U.S.C. 106(f), 106(g), 40101
note, 40103, 40113–40114, 45302, 44502, 44514,
44701–44702, 44721, 46308.
Subpart A—General
§ 101.1
Applicability.
(a) This part prescribes rules gov-
erning the operation in the United
States, of the following:
(1) Except as provided for in § 101.7,
any balloon that is moored to the sur-
face of the earth or an object thereon
and that has a diameter of more than 6
feet or a gas capacity of more than 115
cubic feet.
(2) Except as provided for in § 101.7,
any kite that weighs more than 5
pounds and is intended to be flown at
the end of a rope or cable.
(3) Any amateur rocket except aerial
firework displays.
(4) Except as provided for in § 101.7,
any unmanned free balloon that—
(i) Carries a payload package that
weighs more than four pounds and has
a weight/size ratio of more than three
ounces per square inch on any surface
of the package, determined by dividing
the total weight in ounces of the pay-
load package by the area in square
inches of its smallest surface;
(ii) Carries a payload package that
weighs more than six pounds;
(iii) Carries a payload, of two or more
packages, that weighs more than 12
pounds; or
(iv) Uses a rope or other device for
suspension of the payload that requires
an impact force of more than 50 pounds
to separate the suspended payload from
the balloon.
(b) For the purposes of this part, a
gyroglider attached to a vehicle on the
surface of the earth is considered to be
a kite.
[Doc. No. 1580, 28 FR 6721, June 29, 1963, as
amended by Amdt. 101–1, 29 FR 46, Jan. 3,
1964; Amdt. 101–3, 35 FR 8213, May 26, 1970;
Amdt. 101–8, 73 FR 73781, Dec. 4, 2008; 74 FR
38092, July 31, 2009; Amdt. 101–9, 81 FR 42208,
June 28, 2016; Amdt. Nos. 101-10, 85 FR 79826,
Dec. 11, 2020]
§ 101.3
Waivers.
No person may conduct operations
that require a deviation from this part
except under a certificate of waiver
issued by the Administrator.
[Doc. No. 1580, 28 FR 6721, June 29, 1963]
§ 101.5
Operations in prohibited or re-
stricted areas.
No person may operate a moored bal-
loon, kite, amateur rocket, or un-
manned free balloon in a prohibited or
restricted area unless he has permis-
sion from the using or controlling
agency, as appropriate.
[Doc. No. 1457, 29 FR 46, Jan. 3, 1964, as
amended at 74 FR 38092, July 31, 2009]
§ 101.7
Hazardous operations.
(a) No person may operate any
moored balloon, kite, amateur rocket,
or unmanned free balloon in a manner
that creates a hazard to other persons,
or their property.
(b) No person operating any moored
balloon, kite, amateur rocket, or un-
manned free balloon may allow an ob-
ject to be dropped therefrom, if such
action creates a hazard to other per-
sons or their property.
(Sec. 6(c), Department of Transportation Act
(49 U.S.C. 1655(c)))
[Doc. No. 12800, 39 FR 22252, June 21, 1974, as
amended at 74 FR 38092, July 31, 2009]
Subpart B—Moored Balloons and
Kites
S
OURCE
: Docket No. 1580, 28 FR 6722, June
29, 1963, unless otherwise noted.
§ 101.11
Applicability.
This subpart applies to the operation
of moored balloons and kites. However,
a person operating a moored balloon or
kite within a restricted area must com-
ply only with § 101.19 and with addi-
tional limitations imposed by the using
or controlling agency, as appropriate.
§ 101.13
Operating limitations.
(a) Except as provided in paragraph
(b) of this section, no person may oper-
ate a moored balloon or kite—
(1) Less than 500 feet from the base of
any cloud;
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