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§ 101.33
Operating limitations.
No person may operate an unmanned free balloon—
(a) Unless otherwise authorized by ATC, below 2,000 feet above the surface within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport;
(b) At any altitude where there are clouds or obscuring phenomena of more than five-tenths coverage;
(c) At any altitude below 60,000 feet standard pressure altitude where the horizontal visibility is less than five miles;
(d) During the first 1,000 feet of ascent, over a congested area of a city, town, or settlement or an open-air assembly of persons not associated with the operation; or
(e) In such a manner that impact of the balloon, or part thereof including its payload, with the surface creates a hazard to persons or property not associated with the operation.
[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101-5, 56 FR 65662, Dec. 17, 1991]