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http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=14:2.0.1.3.15&idno=14#14:2.0.1.3.15.1

I've included the full legal code sections that are important further below. 101.1 and 101.7.

We can operate any unmanned free balloon without further regulation granted that it:

 * Does not create a hazard to other persons or their property
 * Does not allow any object to be dropped that creates a hazard to other persons or their property.
 * Carries a payload less than four pounds and weight/size ratio is less than three ounces per square inch
   (use the smallest surface to measure this for safety)
 * Carries payload packages less than six pounds
 * Carries a payload (of multiple packages) that weigh less than 12 pounds
 * Uses suspension that requires less than 50 pounds of force to separate from the balloon
 * With respect to the use of Hydrogen as a lift gas, apparently the Hindenberg incident only resulted in 
 the ban of using Hydrogen in commercial aircroft, as some balloons in the International Balloon Fiesta still 
 use Hydrogen as a lift gas.

Subpart A—General § 101.1 Applicability. (a) This part prescribes rules governing the operation in the United States, of the following:

(1) Except as provided for in § 101.7, any balloon that is moored to the surface 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 payload 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]

§ 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 unmanned free balloon may allow an object to be dropped therefrom, if such action creates a hazard to other persons 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]


Page last modified on June 06, 2013, at 11:16 AM