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This Subpart prescribes rules governing the operation of free balloons.
Except where authorised by the appropriate ATS, a person must not operate a heavy free balloon at or through any altitude below 60 000 feet pressure-altitude at which—
(1) there are clouds or obscuring phenomena of more than four-eighths coverage; and
(2) the horizontal visibility is less than 8 km; and
(3) unauthorised entry into airspace of another State’s territory is imminent.
A person must not release a heavy or medium free balloon in a manner that will cause it to fly—
(1) below 1000 feet over a congested area of a city, town, or settlement; or
(2) over an open-air assembly of persons.
A person must not operate a heavy free balloon unless—
(1) it is equipped with—
(i) at least 2 payload flight-termination devices or systems, whether automatic or by telemetry, that operate independently of each other; and
(ii) an ADS-B system, if the balloon is to operate in transponder mandatory controlled airspace designated under Part 71 within the New Zealand FIR; and
(2) for polyethylene zero pressure balloons, at least 2 methods, systems, devices, or combinations of methods, systems and devices, that function independently of each other and are employed for terminating the flight of the balloon envelope; and
(3) the balloon envelope is equipped with—
(i) at least 1 radar reflective device; or
(ii) radar reflective material that will present an echo to surface radar operating in the 2,700 MHz to 2,900 MHz frequency range.
Each person operating a heavy free balloon must activate the respective termination devices required by rule 101.107(1)(i) and (2) to terminate the flight where—
(1) meteorological conditions are less than those prescribed in rule 101.103; or
(2) further operation is hazardous to other air traffic or to persons and property on the surface; or
(3) unauthorised entry into airspace of another State’s territory is imminent.
A person must not operate a heavy free balloon below 60 000 feet pressure-altitude at night unless the balloon and its attachments and payload, whether or not they become separated during the operation, are each equipped with lights that—
(1) are visible at a distance of at least 5NM; and
(2) have a flash frequency of between 40 and 100 cycles per minute; and
(3) each have their own power supply.
A person must not operate a free balloon that is equipped with a trailing antenna that requires a force of more than 230 N to break it at any point unless the antenna has coloured pennants or streamers that—
(1) are attached at not more than 15 m intervals; and
(2) are visible at a distance of at least 1NM.
A person must not operate a heavy free balloon that is equipped with a suspension device more than 15 m long, other than a highly coloured open parachute, by day below 60 000 feet pressure-altitude unless the suspension device—
(1) is coloured in alternate bands of high visibility colours; or
(2) has coloured pennants or streamers attached which are visible for at least 1NM.
(a) Except as provided in paragraph (b), a person must not launch a medium or heavy free balloon unless they provide the following information to the New Zealand NOTAM office at least 24 hours prior to the estimated launch time:
(1) their name and telephone number:
(2) the balloon identification or project code name:
(3) the balloon classification and description including—
(i) the length and diameter of the balloon; and
(ii) the length of the suspension device; and
(iii) the weight of the payload; and
(iv) the length of the trailing antenna:
(4) the SSR code as applicable:
(5) the location of the launch site:
(6) the estimated time of launch, or time of commencement and completion of multiple launches:
(7) the number of balloons to be launched or, for multiple launches, the scheduled interval between launches:
(8) the expected direction of ascent:
(9) the estimated time to reach cruising level or to pass 60 000 feet pressure-altitude, whichever is lower:
(10) the planned cruising levels (pressure-altitude):
(11) the planned duration of the flight:
(12) the estimated time and location of impact with the surface of the earth.
(b) A person operating a medium or heavy free balloon for solar or cosmic disturbance investigations involving a critical time element must supply the information in paragraph (a) not less than 30 minutes prior to the estimated time of commencement.
(c) Where there are changes to the information supplied under paragraph (a), the operator must forward the changes to the New Zealand NOTAM office, at least 6 hours prior to the projected launch time.
Each person operating a medium or heavy free balloon must notify the nearest ATS unit of the following information immediately after the balloon is launched:
(1) the balloon flight identification:
(2) the launch site:
(3) the actual time of launch:
(4) the estimated time at which 60 000 feet pressure-altitude will be passed, or the estimated time at which the cruising level will be reached if at or below 60 000 feet, and the estimated location:
(5) any changes to the information provided under rule 101.117(a)(7) or (8).
Each person who has provided a pre-launch notice in accordance with rule 101.117 who subsequently cancels the operation must immediately notify the ATS unit of the cancellation.
Each person operating a medium or heavy free balloon must—
(1) unless otherwise required by the ATS unit, monitor the course of the balloon and record its position at least every 2 hours; and
(2) forward any balloon position reports requested by the ATS; and
(3) immediately notify the nearest ATS unit when a balloon position report is not recorded for any 2 hour period of flight. This notification must include—
(i) the last recorded position; and
(ii) any revision of the forecast trajectory; and
(4) immediately notify ATS when tracking of the balloon is reestablished.
Each person operating a medium or heavy free balloon must provide the following information to the nearest ATS unit not less than one hour before the beginning of the planned descent:
(1) the current geographical position:
(2) the current altitude:
(3) where applicable, the forecast time of penetration of 60 000 feet pressure-altitude:
(4) the forecast descent trajectory:
(5) the forecast time and location of the impact with the surface of the earth.
Each person operating a medium or heavy free balloon must notify the nearest ATS unit when the operation has ended.
