title-14-part-101-sec101-35

890

14 CFR Ch. I (1–1–24 Edition)

§ 101.31

(3) Description of the launcher(s)

planned to be used, including any air-
borne platform(s),

(4) Description of recovery system,
(5) Highest altitude, above ground

level, expected to be reached,

(6) Launch site latitude, longitude,

and elevation, and

(7) Any additional safety procedures

that will be followed.

(b)

Class 3—Advanced High-Power

Rockets. When a Class 3—Advanced
High-Power Rocket requires a certifi-
cate of waiver or authorization the per-
son planning the operation must pro-
vide the information below for each
type of rocket to the FAA at least 45
days before the proposed operation.
The FAA may request additional infor-
mation if necessary to ensure the pro-
posed operations can be safely con-
ducted. The information shall include
for each type of Class 3 rocket expected
to be flown:

(1) The information requirements of

paragraph (a) of this section,

(2) Maximum possible range,
(3) The dynamic stability character-

istics for the entire flight profile,

(4) A description of all major rocket

systems, including structural, pneu-
matic, propellant, propulsion, ignition,
electrical, avionics, recovery, wind-
weighting, flight control, and tracking,

(5) A description of other support

equipment necessary for a safe oper-
ation,

(6) The planned flight profile and se-

quence of events,

(7) All nominal impact areas, includ-

ing those for any spent motors and
other discarded hardware, within three
standard deviations of the mean im-
pact point,

(8) Launch commit criteria,
(9) Countdown procedures, and
(10) Mishap procedures.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4,
2008, as amended at Doc. No. FAA–2007–27390,
74 FR 31843, July 6, 2009]

Subpart D—Unmanned Free

Balloons

OURCE

: Docket No. 1457, 29 FR 47, Jan. 3,

1964, unless otherwise noted.

§ 101.31

Applicability.

This subpart applies to the operation

of unmanned free balloons. However, a
person operating an unmanned free bal-
loon within a restricted area must
comply only with § 101.33 (d) and (e) and
with any additional limitations that
are imposed by the using or controlling
agency, as appropriate.

§ 101.33

Operating limitations.

No person may operate an unmanned

free balloon—

(a) Unless otherwise authorized by

ATC, below 2,000 feet above the surface
within the lateral boundaries of the
surface areas of Class B, Class C, Class
D, or Class E airspace designated for an
airport;

(b) At any altitude where there are

clouds or obscuring phenomena of more
than five-tenths coverage;

standard pressure altitude where the
horizontal visibility is less than five
miles;

(d) During the first 1,000 feet of as-

cent, over a congested area of a city,
town, or settlement or an open-air as-
sembly of persons not associated with
the operation; or

(e) In such a manner that impact of

the balloon, or part thereof including
its payload, with the surface creates a
hazard to persons or property not asso-
ciated with the operation.

[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as
amended by Amdt. 101–5, 56 FR 65662, Dec. 17,
1991]

§ 101.35

Equipment and marking re-

quirements.

(a) No person may operate an un-

manned free balloon unless—

(1) It is equipped with at least two

payload cut-down systems or devices
that operate independently of each
other;

(2) At least two methods, systems,

devices, or combinations thereof, that
function independently of each other,
are employed for terminating the
flight of the balloon envelope; and

(3) The balloon envelope is equipped

with a radar reflective device(s) or ma-
terial that will present an echo to sur-
face radar operating in the 200 MHz to
2700 MHz frequency range.

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Federal Aviation Administration, DOT

§ 101.39

The operator shall activate the appro-
priate devices required by paragraphs
(a) (1) and (2) of this section when
weather conditions are less than those
prescribed for operation under this sub-
part, or if a malfunction or any other
reason makes the further operation
hazardous to other air traffic or to per-
sons and property on the surface.

(b) No person may operate an un-

manned free balloon below 60,000 feet
standard pressure altitude between
sunset and sunrise (as corrected to the
altitude of operation) unless the bal-
loon and its attachments and payload,
whether or not they become separated
during the operation, are equipped with
lights that are visible for at least 5
miles and have a flash frequency of at
least 40, and not more than 100, cycles
per minute.

manned free balloon that is equipped
with a trailing antenna that requires
an impact force of more than 50 pounds
to break it at any point, unless the an-
tenna has colored pennants or stream-
ers that are attached at not more than
50 foot intervals and that are visible
for at least one mile.

(d) No person may operate between

sunrise and sunset an unmanned free
balloon that is equipped with a suspen-
sion device (other than a highly con-
spicuously colored open parachute)
more than 50 feet along, unless the sus-
pension device is colored in alternate
bands of high conspicuity colors or has
colored pennants or streamers attached
which are visible for at least one mile.

(Sec. 6(c), Department of Transportation Act
(49 U.S.C. 1655(c)))

[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as
amended by Amdt. 101–2, 32 FR 5254, Mar. 29,
1967; Amdt. 101–4, 39 FR 22252, June 21, 1974]

§ 101.37

Notice requirements.

(a)

Prelaunch notice: Except as pro-

vided in paragraph (b) of this section,
no person may operate an unmanned
free balloon unless, within 6 to 24 hours
before beginning the operation, he
gives the following information to the
FAA ATC facility that is nearest to the
place of intended operation:

(1) The balloon identification.
(2) The estimated date and time of

launching, amended as necessary to re-
main within plus or minus 30 minutes.

(3) The location of the launching site.
(4) The cruising altitude.
(5) The forecast trajectory and esti-

mated time to cruising altitude or
60,000 feet standard pressure altitude,
whichever is lower.

(6) The length and diameter of the

balloon, length of the suspension de-
vice, weight of the payload, and length
of the trailing antenna.

(7) The duration of flight.
(8) The forecast time and location of

impact with the surface of the earth.

(b) For solar or cosmic disturbance

investigations involving a critical time
element, the information in paragraph
(a) of this section shall be given within
30 minutes to 24 hours before beginning
the operation.

(c)

Cancellation notice: If the oper-

ation is canceled, the person who in-
tended to conduct the operation shall
immediately notify the nearest FAA
ATC facility.

(d)

Launch notice: Each person oper-

ating an unmanned free balloon shall
notify the nearest FAA or military
ATC facility of the launch time imme-
diately after the balloon is launched.

§ 101.39

Balloon position reports.

(a) Each person operating an un-

manned free balloon shall:

(1) Unless ATC requires otherwise,

monitor the course of the balloon and
record its position at least every two
hours; and

(2) Forward any balloon position re-

ports requested by ATC.

(b) One hour before beginning de-

scent, each person operating an un-
manned free balloon shall forward to
the nearest FAA ATC facility the fol-
lowing information regarding the bal-
loon:

(1) The current geographical position.
(2) The altitude.
(3) The forecast time of penetration

of 60,000 feet standard pressure altitude
(if applicable).

(4) The forecast trajectory for the

balance of the flight.

(5) The forecast time and location of