Legal Permissions to Fly Balloon

[Sean McGinnis]

I am a lecturer at Rutgers University teaching introduction to
Environmental Geomatics (http://georamblings.com/
environmentalgeomatics/). I recently supported the Kickstarter project
and for my support I got the balloon mapping kit. I was going to do an
exercise where we would fly the balloon on campus early one morning
and use the collected images to stitch together a mosaic of the park
in the middle of campus. In getting approval for the project, one of
the deans wants me to verify with the FAA and the NJ State Police
(NJSP) that it will not cause a legal issue by flying the balloon. I
have contacted the FAA and NJSP and am just getting the run around.
Dopes anyone have any suggestion on who I might contact or an online
resource that will provide guidance or documentation stating the legal
considerations when balloon mapping.

Thanks in advance.
-sean

[Alex Mandel]

Title 14 Section 101 Code of Federal Regulations (CFR)
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=14:2.0.1.3.15&idno=14

Enjoy,
Alex

[Jeffrey Warren]

Hi, Sean - there's also a page on the PLOTS wiki where people have been collecting links and useful info:

http://publiclaboratory.org/wiki/balloon-mapping-regulations

It's not legal advice but it does cite relevant law and has links. 

Jeff

[Adam Griffith]

Hi Sean,

To be clear, you are not required to contact the FAA prior to tethered balloon flights with payloads under 5 lbs and diameters less than 6 ft.  In conversations with long-time kite aerial photographers out in the western US, every time they asked, they got the run-around from the FAA.  You are trying to do things right, but I find that slows down progress too much.  I'd advide not wasting your time with the state police.  I have been flying for only a little under two years, have never asked permission, have collected tens of thousands of images and EXPECT to be greeted with a smile.  I've never run into trouble.  But then I am mapping in North Carolina, Georgia, South Carolina, Colorado, and Massachusetts, not Jersey.

Best,

Adam

--
Adam Griffith
Director of Science and Coastal Environments
publiclaboratory.org
828.321.2326

[Liz Barry]

Hi Sean,
Great to meet a local mapper! I'm based in Brooklyn. Another local mapper Oscar Brett previously sought to register a Notice to Airmen (NOTAM) with the FAA for a Manhattan flight and after much run around was told he did not need one under 500 feet and with a tethered balloon of less than 6' diameter -- supporting what Adam said above. This is the only example of a successful information exchange between a DIY aerial mapper and the FAA i have ever encountered -- i have never known any other requests to result in any information transfer.

I have never encountered any issue with state police - from this anecdotal experience, i don't think this is in their area of concern.

Best!
Liz

[Mathew Lippincott]

I would add that you're unregulated unless the balloon gets free of your control,  in which case you've just launched an unmanned free balloon which is  subject to FAA restrictions when payloads are above FOUR pounds.

Our balloon kits make compliance fairly easy-- they can only lift a maximum of 3.4 pounds, and anything above about 2 pounds starts to get unwieldy in the air.

(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.

[Sean McGinnis]

Thank you very much for all of the responses. I should hopefully have an answer back from the Administration in the next few days. It should still give me enough time to coordinate a balloon mapping workshop with the students. If they don't approve it, we are still planning on doing it off campus.

Thanks again,

-sean

Sean McGinnis

e: seankm...@gmail.com

    SeanKM...@rutgers.edu

w: www.georamblings.com

[Coby]

Sean,

As folks have already mentioned FAR 101 is the regulation you need to be familiar with in order to maintain compliance.  And I would also suggest, even for small balloons, that you take a few minutes to review the sectional for your area of operations.  Putting up a small balloon in the middle of an approach corridor for a busy airport is perhaps not the best idea.  If you are not familiar with aeronautical charts they can take a bit of work to decipher.  The good news is most of the info you need is in the legend and the rest can be googled.

Here's a source for online sectionals etc:  http://skyvector.com/  (Find an airport code near you and type it in the text field at top left)

Regards,

Coby

metanomy.org

[Mathew Lippincott]

wow! thanks Coby, I didn't know about skyvector-- great resource for understanding flight paths. I've added it to the balloon mapping regulations pages and the grassroots mapping curriculum.

Mathew

[Sean McGinnis]

Coby,

Thank you very much for the additional information.

I am finding the more tools I have in my toolbox, the further I am able to get the project through the red tape.

I appreciate it,

-sean

[Liz Barry]

Is anyone familiar with these additional regulations for the Washington D.C. area?

http://www.aopa.org/whatsnew/notams.html

PART 3 OF 5 .. FLIGHT RESTRICTIONS, WASHINGTON, DC ANY PERSON OPERATING AN AIRCRAFT UNDER IFR WITHIN THE DC SFRA/FRZ WHO BECOMES AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO MAINTAIN RADIO CONTACT WITH ATC SHALL CONTINUE THE FLIGHT VIA THE TWO-WAY RADIO COMMUNICATIONS FAILURE PROCEDURES FOUND IN THE FAA AERONAUTICAL INFORMATION MANUAL. THESE PROCEDURES DO NOT AUTHORIZE PENETRATION OF RESTRICTED OR PROHIBITED AIRSPACE. 4. ADDITIONS TO OPERATING IN THE DC FRZ 14 CFR SECTION 93.339. A. PART 121,129 AND 135 AIR CARRIER FLIGHTS WITH TSA APPROVED FULL AIRCRAFT OPERATOR STANDARD SECURITY PROGRAMS/ PROCEDURES AND SPECIFIC AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION MAY LAND AND DEPART RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA). B. DOD, FEDERAL AND STATE GOVERNMENT AGENCY AIRCRAFT ON AN OPERATIONAL MISSION WITH PRIOR FAA AND NCRCC APPROVAL MAY LAND AND DEPART DCA. C. DCA IS NOT AUTHORIZED FOR ARRIVAL OR DEPARTURE OF FOREIGN DIPLOMATIC FLIGHTS. D. PILOTS MAY NOT FILE A DC FRZ FLIGHT PLAN WHILE AIRBORNE. E. THE FOLLOWING OPERATIONS ARE NOT AUTHORIZED WITHIN THE DC FRZ: FLIGHT TRAINING, PRACTICE INSTRUMENT APPROACHES, AEROBATIC FLIGHT, GLIDER OPERATIONS, PARACHUTE OPERATIONS, ULTRALIGHT, HANG GLIDING, BALLOON OPERATIONS, TETHERED BALLOONS, AGRICULTURE/CROP DUSTING, ANIMAL POPULATION CONTROL FLIGHT OPERATIONS, BANNER TOWING OPERATIONS, MODEL AIRCRAFT END PART 3 OF 5. WIE UNTIL UFN. 

--
@lizbarry

[Mathew Lippincott]

well, balloon operations would refer back to FAR 101, which would define a tethered balloon.  our balloons aren't within the FAR 101 definition, so I think you're in the clear.

not a lawyer,

Mathew

[Coby]

Like Mathew, I am not a lawyer either.  Read FAR 101 very carefully and you will see that ANY balloon falls under Hazardous Operations paragraph – "Except as provided for in §101.7" – If in doubt call the FAA.  No kidding.  Your tax money pays for people to answer your questions.  The challenge may be finding the right person, but I would start with the FSDO (fiz-doh) that handles your area.  http://www.faa.gov/about/office_org/field_offices/fsdo/

[Mathew Lippincott]

you've got a good point, Coby, It looks like the same applies to "National Defense Airspace" around military bases too.  

@ Sean, did you hear back from the FSDO you contacted?

Anyone else want to get in touch with the Hernan, VA FSDO office to clarify?  http://www.faa.gov/about/office_org/field_offices/fsdo/dca/

I can't find a clear map of National Defense Airspaces-- this one appears broken: http://www.aopa.org/tfr/ and http://skyvector.com/ isn't exactly amateur-friendly.

N.B. 

Our taxes may pay the FAA, but I'd be hesitate to say it "pays them to answer our questions." Variations on the line "you work for me" have never gotten me to a positive place with either state or federal bureaucrats. I'd suggest at least a veneer of obeisance and the words "sir" and "ma'am" to whomever calls.

Still not a lawyer,

Mathew

P.S. Kites aren't listed in any of those NOTAMs

[Sean McGinnis]

@Matt, I never heard back from anyone I contacted @ FAA or the NJSP.

The long story short, my request to fly the balloon on campus got passed to the "Risks Management" group at the University and they said I was in compliance with all of the FAA regulations, so I can fly the balloon and do the exercise with the students.

There was a hint of bumping the requirements in a "CYA" kind of manner to a 6'+ tethered balloon that would require a 3 mile line of sight from launch point.  My supervisor was SUPER cool about it and said that we don't need to worry about it and should do the exercise. I told him I would do a viewshed analysis to show there is no place int he State of New Jersey that would meet those requirements from the ground (and if they did there wouldn't be much worth mapping).

Thank you to everyone for your help and the links to all of the resources. Once I get a date and time set, I will post it if anyone in the New Brunswick, NJ area is interested in checking it out.

Thanks again everyone, I wouldn't have been able to do it with out your help!

-sean