With the explosion in popularity of drones in recent years, the Federal Aviation Administration (FAA) has been quick to issue new regulations that govern the legal use of these small Unmanned Aircraft Systems (UAS) under Part 107.
Since a weather balloon is technically an “unmanned”, the question that many amateur HAB enthusiasts have is - do these laws and regulations apply to High Altitude Balloon (HAB) launches?
The short answer is no.
To understand the difference between Part 101 (balloons) and Part 107 (drones), and where Part 107 specifically excludes balloons, we will discuss each in more detail below.
FAA Part 101 - Moored and Free Balloon Regulations
For amateur weather balloon enthusiasts, the primary section of the FAA code that regulates both moored and free balloons (as well as other crafts such as kites, amateur rockets, and some unmanned aircraft) is FAA Part 101.
We discussed Part 101 in detail in terms of the requirements (weight and size restrictions, etc.) for complying in our past blog post titled High Altitude Weather Balloon Laws and Regulations.
FAA Part 107 - Small Unmanned Aircraft Systems (i.e. drones)
In recent years, the amateur and commercial drone markets have grown in popularity. Thus, the FAA issued new laws and regulations in June 2016 to govern drone operations under Part 107.
Exemption for Part 101 Weather Balloons under Part 107.1(2)
As long as HAB enthusiasts ensure that they are compliant with Part 101 regulations as mentioned above (whether or not they are subject to Subpart D of Part 101), then they are exempt from requirements under Part 107 per the following section:
§107.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States.
(b) This part does not apply to the following:
(1) Air carrier operations;
(2) Any aircraft subject to the provisions of part 101 of this chapter; or
(3) Any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under section 333 of Public Law 112-95, unless otherwise specified in the exemption.
Thus, as long as you ensure compliance with (or are exempt from) Part 101, then Part 107, regarding drones and UAS, does not apply to weather balloons.
As a reminder, depending on weight, size, and other characteristics under Part 101 as we have discussed in past articles, a weather balloon may be subject to additional regulations under Subpart D of Part 101.
Additional Resources and the FAA eCFR Website
While we attempt to keep information up to date, you should always check the latest laws and regulations as posted on the FAA’s Electronic Code of Federal Regulations website.
Specifically, Part 101 and Part 107 fall under:
Title 14 - Aeronautics and Space
Chapter 1 - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
Subchapter F - AIR TRAFFIC AND GENERAL OPERATING RULES
Part 101 - MOORED BALLOONS, KITES, AMATEUR ROCKETS, UNMANNED FREE BALLOONS, AND CERTAIN MODEL AIRCRAFT
Part 107 - SMALL UNMANNED AIRCRAFT SYSTEMS
Legal Disclaimer
The information and opinions presented in this article are for informational purposes only. Nothing presented, whether explicit or implied, should be construed as legal advice. Always consult with a professional lawyer and reference the latest laws and regulations on the FAA website.