Poorman's Space Program

Paul Verhage

Federal Regulations Regarding Near Space Flights

Before launching your own weather balloons, you must become familiar with the applicable regulations. The only regulation I have found to date regarding the hobby of near space exploration in the United States is FAR 101 (Federal Aviation Regulation section 101). It governs the operation of kites, rockets, and balloons. [Residents of countries other than the USA should check local laws and regulations. Editor.]

FAR 101 is intended to allow airplanes, rockets, kites, and balloons to share the skies safely. However, it can be difficult to understand FAR 101, so I want explain it as best I understand it. The nice thing about FAR 101 is that it's short and won't take much of your time to read for yourself (this is important since I'm not a lawyer, although my girl friend is becoming one).

When it comes to amateur near space, Subpart A is the portion of this regulation that concerns us most. As long as your near spacecraft doesn't exceed Subpart A's applicability (that is its limitations), then the more restrictive subpart D doesn't apply. Subparts B and C don't apply because they only apply to moored balloons, kites, and rockets.

Subpart A

Subpart A is general in nature and states the regulation's applicability, or conditions. It states that these conditions (I'll explain then in the next section) apply to kites, balloons, and rockets unless granted a wavier. It then goes on to say that, you cannot operate kites, balloons, or rockets in a restricted or prohibited area unless granted permission by the using or controlling agency. Finally, Subpart A closes by saying that you cannot operate in a way that presents a hazard to others.

Meeting Subpart A Requirements

There are three weight requirements in Subpart A. If your near spacecraft meets these requirements (along with a breaking strength requirement), then Subpart D's more restrictive requirements don't apply. Therefore, to make your life simple, keep your near spacecraft under these weight limits. The weights given here are in US pounds as per FAR 101.

1. The payload cannot weigh more then four pounds if it has a surface density greater than three ounces per square inch. To calculate your near spacecraft's surface density, divide the capsule's weight by the surface area of its smallest face. So avoid launching things like lead blocks, regardless of how small they are.

2. If the surface density is less than three ounces per square inch and the balloon payload consists of only one package, then the package cannot weigh more than six pounds.

3. If the balloon payload consists of more than one package, then the total weight of the packages cannot exceed 12 pounds and the heaviest package cannot exceed six pounds in weight.

Do you meet the weight requirements? Good. Now let's move on to the load line, the cord between the balloon and recovery parachute. The load line must allow the balloon to separate from its payload with an impact force no greater than 50 pounds. This requirement ensures that the balloon and payload will not wrap around a wing or propeller of an aircraft.

As long as a near spacecraft meets the weight requirements above and the balloon will separate from the rest of the stack with less than 50 pounds of force, then there are only two launch requirements to meet and they are listed below.

Figure 1. The horizon as photographed from a high-altitude balloon.

Section 101.5. Operations in Restricted Areas

This section says that before launching from restricted or prohibited areas, the controlling authority must first grant permission. You'll find these restricted and prohibited areas outlined on aeronautical charts.

Section 101.7. Hazardous Operations

This section says you cannot operate in such a way that the flight is a hazard to people or their property if they are not involved with the launch. An example is that the flight cannot drop dangerous objects.

NOTAMs

Before launching a near spacecraft, you should file a NOTAM (Notice to Airmen). Before pilots take off, they consult NOTAMs for information applicable to them or their flight. When you file a NOTAM, pilots will know if your balloon launch will affect them. Knowing that keeps everyone safe.

You file a NOTAM with the local Flight Service Station, or FSS. Contact your local FSS by calling 1-800-WX-BRIEF (or 1-800-992-7433). If the staff at the FSS is not familiar with FAR 101, which is possible in a world filled with airplanes and not balloons, then say your launch follows the requirements of FAR 101. As long as the launch follows FAR 101, a wavier will not be necessary. Note that some FSS staff will be more familiar with the term hi-ball for a balloon launch. Therefore, you may want to say you're launching a hi-ball rather than a balloon.

Well, that's all there is to it. Meeting the safety requirements for a balloon launch (which is what FAR 101 is all about) is easy. If you want to launch a heavier near spacecraft, then you'll need to do things like call in the balloon's location and not launch in overcast weather. If you don't want to follow these requirements, then you're asking for a wavier. I recommend that you just launch under the limitations imposed by Subpart A; it makes life much easier.

If instead of launching a near spacecraft, you're just having your BalloonSat launched, then the near space group that launches your BalloonSat will take care of FAR 101 requirements and the NOTAM.

Onwards and Upwards,
Your Near Space Guide.