Rules and Regulations

(This is now outdated but should still provide insite to the regulations. Make sure you DO NOT use these regulations without checking the current regulations!) This is now just a guide.

 Having and doing your own Space Program has a lot of rules and regulations to follow! For me that's part of the fun! It also gives your government a chance to work for you!

 You can do a lot of work without much interaction with the government here in the United States with Rockets and Balloons! We would like to help all countries!

 You can do UAV/FPV from space! If amateur space is your hobby as well.

 Because we are on DIY Drones here I'm going to cover that first!

 I'll work hard to keep this updated as it could be changing quite a bit so you need to stay active and keep track of the regulations every month if you have an active space program and check just before launch day!

  If you have questions certainly ask! We are extremely serious about space exploration and if you are interested in space you must be also! We will include as many nations as we have people willing to contribute time to this thread I live in the United States and therefore I'll be covering that for us.

 If you live in another country we need your help! I can't possibly keep up with all the rules and regulations for all countries! I will gladly help you if you are interested in adding your country's regulations pertaining to all or part of the space program! In this community the UAV/FPV rules and regulations should be easy to get together!

 What we do here is scientific research on the AMATEUR level. There are no professional goals and no-one get's paid for any of the work you do. What we do here is for fun and educational reasons only!

 The guidelines for model aircraft for hobby use in the United States are.

   FAA guidance says that model aircraft flights should be kept below 400 feet above ground level (AGL), should be flown a sufficient distance from populated areas and full scale aircraft.

 http://www.faa.gov/about/initiatives/uas/uas_faq/#Qn2

  In accordance the FAA has laid out some guidelines in Advisory Circular AC 91-57.

  The FAA currently has no law that limits any model craft (including UAV/FPV) of interest to our space program so we will do our best to follow the guidelines set out in Circular AC 91-57 In the interest of Amateur Scientific Research and Education we are not going to be able to avoid exceeding these guidelines. 

  Because we are exceeding these guidelines (not laws or regulations-that would be illegal AC 91-57 is not a law or regulation only a guideline). We will want to adhere to all other regulations set down by the FAA as well! This means we will be learning a great deal about FAA regulations that govern ALL aircraft. The national airspace has many other regulations and we will be examining those to ensure we are doing the best we can to make sure our exceeding the guidelines has the least possible impact on others using the same airspace. Also exceeding these guidelines will also not afford you any protection from our government this could make you liable for damage or injury to persons or property far above what your average modeler could be liable for. If you follow this information TO THE LETTER you will greatly reduce the possibility of that. If you can get insurance for that great! We will discuss how to form an entity like Team Prometheus that will afford you that. A non-profit organization.        

  The AMA The Academy of Model Aeronautics is a group for modelers and a great entity to be a part of however their regulations govern ONLY those members of that group and have no bearing on our Space Program.That does not mean we ignore them or there regulations we study these but we cannot be bound by them. This organization does not have the authority to make law. We do support them because they do influence laws that govern our hobby.

  Our aim must be to follow regulations and comply with our space program just like the guy's at NASA do!

 #1 Remoteness! We certainly want our space program to be as remote as possible! We want to stay as far away from any activity as we can! Depending on what we are doing we may have to travel great distances to do this. Our space program has 2 testing sites one in Lampasas Tx and the other on Matagorda Peninsula on the coast of Texas.

 #2 Clear of any air traffic lanes where usual Military, Commercial or Public aircraft operate. As you can see there are not going to be a lot of places this remote! 

 #3 Flight Planning we have to consider the path of our craft and maintain the most distance from activity as we can. This includes possible deviations caused by malfunctions of the craft within the range of probability and assessment. We have tools for that and we will be discussing it at length. 

  There are many more regulations currently that cover our means of getting to space other than any UAV/FPV aircraft/spacecraft and we will focus on these next. Balloons and Rockets!

  We also use Amateur Radio in our Space Program!

 So we will be looking at and following the FCC regulations that govern amateur radio. Some of our program does not include restrictions by the FCC and we will look at these regulations also.

 Our Rocket Program is governed by the BATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) as well as the FAA so we will need to be aware of and follow these regulations as well as have a look at the Department of Transportation (DOT) if we are transporting rocket fuel.

 The TRA/NAR are groups for modelers and are great entity's to be a part of however their regulations govern ONLY those members of that group and have no bearing on our Amateur Space Program. That does not mean we ignore them or there regulations we study these but we cannot be bound by them.These organizations do not have the authority to make law. We do support them because they do influence laws that govern our hobby.

Sec. 101.21 — Applicability

(a) This subpart applies to operating unmanned rockets. However, a person operating an unmanned rocket within a restricted area must comply with §101.25(b)(7)(ii) and with any additional limitations imposed by the using or controlling agency.

(b) A person operating an unmanned rocket other than an amateur rocket as defined in §1.1 of this chapter must comply with 14 CFR Chapter III.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4, 2008]

Sec. 101.22 — Definitions.

The following definitions apply to this subpart:

(a) Class 1—Model Rocket means an amateur rocket that:

(1) Uses no more than 125 grams (4.4 ounces) of propellant;

(2) Uses a slow-burning propellant;

(3) Is made of paper, wood, or breakable plastic;

(4) Contains no substantial metal parts; and

(5) Weighs no more than 1,500 grams (53 ounces), including the propellant.

(b) Class 2—High-Power Rocket means an amateur rocket other than a model rocket that is propelled by a motor or motors having a combined total impulse of 40,960 Newton-seconds (9,208 pound-seconds) or less.

(c) Class 3—Advanced High-Power Rocket means an amateur rocket other than a model rocket or high-power rocket.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4, 2008]

(a) You must operate an amateur rocket in such a manner that it:

(1) Is launched on a suborbital trajectory;

(2) When launched, must not cross into the territory of a foreign country unless an agreement is in place between the United States and the country of concern;

(3) Is unmanned; and

(4) Does not create a hazard to persons, property, or other aircraft.

(b) The FAA may specify additional operating limitations necessary to ensure that air traffic is not adversely affected, and public safety is not jeopardized.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4, 2008]

Sec. 101.25 — Operating limitations for Class 2-High Power Rockets and Class 3-Advanced High Power Rockets.

When operating Class 2-High Power Rockets or Class 3-Advanced High Power Rockets, you must comply with the General Operating Limitations of §101.23. In addition, you must not operate Class 2-High Power Rockets or Class 3-Advanced High Power Rockets—

(a) At any altitude where clouds or obscuring phenomena of more than five-tenths coverage prevails;

(b) At any altitude where the horizontal visibility is less than five miles;

(c) Into any cloud;

(d) Between sunset and sunrise without prior authorization from the FAA;

(e) Within 9.26 kilometers (5 nautical miles) of any airport boundary without prior authorization from the FAA;

(f) In controlled airspace without prior authorization from the FAA

(g) Unless you observe the greater of the following separation distances from any person or property that is not associated with the operations:

(1) Not less than one-quarter the maximum expected altitude;

(2) 457 meters (1,500 ft.);

(h) Unless a person at least eighteen years old is present, is charged with ensuring the safety of the operation, and has final approval authority for initiating high-power rocket flight; and

(i) Unless reasonable precautions are provided to report and control a fire caused by rocket activities.

[74 FR 38092, July 31, 2009, as amended by Amdt. 101–8, 74 FR 47435, Sept. 16, 2009]

No person may operate an unmanned rocket other than a Class 1—Model Rocket unless that person gives the following information to the FAA ATC facility nearest to the place of intended operation no less than 24 hours before and no more than three days before beginning the operation:

(a) The name and address of the operator; except when there are multiple participants at a single event, the name and address of the person so designated as the event launch coordinator, whose duties include coordination of the required launch data estimates and coordinating the launch event;

(b) Date and time the activity will begin;

(c) Radius of the affected area on the ground in nautical miles;

(d) Location of the center of the affected area in latitude and longitude coordinates;

(e) Highest affected altitude;

(f) Duration of the activity;

(g) Any other pertinent information requested by the ATC facility.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4, 2008, as amended at Doc. No. FAA–2007–27390, 74 FR 31843, July 6, 2009]

Sec. 101.29 — Information requirements.

(a) Class 2—High-Power Rockets . When a Class 2—High-Power Rocket requires a certificate of waiver or authorization, the person planning the operation must provide the information below on each type of rocket to the FAA at least 45 days before the proposed operation. The FAA may request additional information if necessary to ensure the proposed operations can be safely conducted. The information shall include for each type of Class 2 rocket expected to be flown:

(1) Estimated number of rockets,

(2) Type of propulsion (liquid or solid), fuel(s) and oxidizer(s),

(3) Description of the launcher(s) planned to be used, including any airborne platform(s),

(4) Description of recovery system,

(5) Highest altitude, above ground level, expected to be reached,

(6) Launch site latitude, longitude, and elevation, and

(7) Any additional safety procedures that will be followed.

(b) Class 3—Advanced High-Power Rockets . When a Class 3—Advanced High-Power Rocket requires a certificate of waiver or authorization the person planning the operation must provide the information below for each type of rocket to the FAA at least 45 days before the proposed operation. The FAA may request additional information if necessary to ensure the proposed operations can be safely conducted. The information shall include for each type of Class 3 rocket expected to be flown:

(1) The information requirements of paragraph (a) of this section,

(2) Maximum possible range,

(3) The dynamic stability characteristics for the entire flight profile,

(4) A description of all major rocket systems, including structural, pneumatic, propellant, propulsion, ignition, electrical, avionics, recovery, wind-weighting, flight control, and tracking,

(5) A description of other support equipment necessary for a safe operation,

(6) The planned flight profile and sequence of events,

(7) All nominal impact areas, including those for any spent motors and other discarded hardware, within three standard deviations of the mean impact point,

(8) Launch commit criteria,

(9) Countdown procedures, and

(10) Mishap procedures.

[Doc. No. FAA–2007–27390, 73 FR 73781, Dec. 4, 2008, as amended at Doc. No. FAA–2007–27390, 74 FR 31843, July 6, 2009]

 High Power rocketry is also governed by National Fire Protection Association (NFPA)  And falls under the classification in Code 1127 We will be complying with these regulations.

 We also have to include the DOD Department of Defense to insure we are not encroaching on their airspace or interfering with their operations.

 And lastly we have to ensure we are not violating any ITAR regulations International Traffic in Arms Regulations our Space Program is Open Source! So we need to make sure we don't violate any regulations here as well.

 Our Balloons are regulated by the FAA and because it's the same regulation that covers our rockets I'll mention it here. FAR 101 covers both Balloons and Rockets and is the main regulation that covers our amateur space program. We will study this at great length.

Sec. 101.31 — Applicability.

This subpart applies to the operation of unmanned free balloons. However, a person operating an unmanned free balloon within a restricted area must comply only with §101.33 (d) and (e) and with any additional limitations that are imposed by the using or controlling agency, as appropriate.

Sec. 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]

Sec. 101.35 — Equipment and marking requirements.

(a) No person may operate an unmanned free balloon unless—

(1) It is equipped with at least two payload cut-down systems or devices that operate independently of each other;

(2) At least two methods, systems, devices, or combinations thereof, that function independently of each other, are employed for terminating the flight of the balloon envelope; and

(3) The balloon envelope is equipped with a radar reflective device(s) or material that will present an echo to surface radar operating in the 200 MHz to 2700 MHz frequency range.

The operator shall activate the appropriate devices required by paragraphs (a) (1) and (2) of this section when weather conditions are less than those prescribed for operation under this subpart, or if a malfunction or any other reason makes the further operation hazardous to other air traffic or to persons and property on the surface.

(b) No person may operate an unmanned free balloon below 60,000 feet standard pressure altitude between sunset and sunrise (as corrected to the altitude of operation) unless the balloon and its attachments and payload, whether or not they become separated during the operation, are equipped with lights that are visible for at least 5 miles and have a flash frequency of at least 40, and not more than 100, cycles per minute.

(c) No person may operate an unmanned free balloon that is equipped with a trailing antenna that requires an impact force of more than 50 pounds to break it at any point, unless the antenna has colored pennants or streamers that are attached at not more than 50 foot intervals and that are visible for at least one mile.

(d) No person may operate between sunrise and sunset an unmanned free balloon that is equipped with a suspension device (other than a highly conspicuously colored open parachute) more than 50 feet along, unless the suspension device is colored in alternate bands of high conspicuity colors or has colored pennants or streamers attached which are visible for at least one mile.

(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101–2, 32 FR 5254, Mar. 29, 1967; Amdt. 101–4, 39 FR 22252, June 21, 1974]

Sec. 101.37 — Notice requirements.

(a) Prelaunch notice: Except as provided in paragraph (b) of this section, no person may operate an unmanned free balloon unless, within 6 to 24 hours before beginning the operation, he gives the following information to the FAA ATC facility that is nearest to the place of intended operation:

(1) The balloon identification.

(2) The estimated date and time of launching, amended as necessary to remain within plus or minus 30 minutes.

(3) The location of the launching site.

(4) The cruising altitude.

(5) The forecast trajectory and estimated time to cruising altitude or 60,000 feet standard pressure altitude, whichever is lower.

(6) The length and diameter of the balloon, length of the suspension device, weight of the payload, and length of the trailing antenna.

(7) The duration of flight.

(8) The forecast time and location of impact with the surface of the earth.

(b) For solar or cosmic disturbance investigations involving a critical time element, the information in paragraph (a) of this section shall be given within 30 minutes to 24 hours before beginning the operation.

(c) Cancellation notice: If the operation is canceled, the person who intended to conduct the operation shall immediately notify the nearest FAA ATC facility.

(d) Launch notice: Each person operating an unmanned free balloon shall notify the nearest FAA or military ATC facility of the launch time immediately after the balloon is launched.

Sec. 101.39 — Balloon position reports.

(a) Each person operating an unmanned free balloon shall:

(1) Unless ATC requires otherwise, monitor the course of the balloon and record its position at least every two hours; and

(2) Forward any balloon position reports requested by ATC.

(b) One hour before beginning descent, each person operating an unmanned free balloon shall forward to the nearest FAA ATC facility the following information regarding the balloon:

(1) The current geographical position.

(2) The altitude.

(3) The forecast time of penetration of 60,000 feet standard pressure altitude (if applicable).

(4) The forecast trajectory for the balance of the flight.

(5) The forecast time and location of impact with the surface of the earth.

(c) If a balloon position report is not recorded for any two-hour period of flight, the person operating an unmanned free balloon shall immediately notify the nearest FAA ATC facility. The notice shall include the last recorded position and any revision of the forecast trajectory. The nearest FAA ATC facility shall be notified immediately when tracking of the balloon is re-established.

(d) Each person operating an unmanned free balloon shall notify the nearest FAA ATC facility when the operation is ended.

 In the beginning your space program should not and may never need a waiver issued or a NOTAM (notice to airmen) but as you progress to more advanced activities you will need to know how to apply for and obtain these from the FAA. We will show you how to do this for both Rockets and Balloons.

There is no need for a COA (Certificate Of Athorization) currently as our operations are amateur/hobby with no profit motive.

 That covers the Federal Regulations!

 Now we have to take a look at State and Local regulations and laws.

 Our Space Program is in Texas so we need to have a look at our state. We will add regulations for as many states as we have persons willing to post regulations for their state/entity.

 Texas currently has no regulations in addition to FAA regulations that cover UAV/FPV. This is changing so watch this space to keep up with Texas regulations.

 Finally you have to take a look at local regulations in your county our space program is in Lampasas and Matagorda counties.

 Check with your local Fire Marshal to comply with local fire safety regulations.

 Check with your county court house about local regulations or restrictions.

  It is not feasible to operate a space program in or near any city (but if you operate a UAV/FPV craft for testing purposes you MUST check with these as well)

  Have in writing agreements with your land owner if you are not using your own property! Do not use National or State property for any reason. The best solution here is to own the property you launch from.

 When discussing regulations with individuals of Federal,State or Local regulations make sure you get their Name and Phone Number.

 International Space Regulations:

 If we progress to orbiting the earth we will have to conform to UNOOSA The United Nations Office for Outer Space Affairs regulations and this includes Cubsats that we may use Ardupilot/Arduino/Raspberry Pi ect...  and crossing of international borders.

 If your spacecraft leaves the boundaries of the United States headed for orbit. You will need an Export Broker as you are exporting from the country and there is an Export Tax.

  As you can see there is a lot of footwork to be done with your space program! What we can do here is help you understand and point out a path that will allow us to enjoy a great hobby! Team Prometheus has done a great deal of research to help you enjoy your hobby. We will present everything we can here to guide you but remember: 

    THE ULTIMATE RESPONSIBILITY LIES WITH YOU! THIS IS MEANT AS A GUIDE ONLY! WE CANNOT BE HELD RESPONSIBLE FOR DAMAGE OR INJURIES FOR YOU FOR MISTAKES OR ERRORS IN THIS GUIDE. IT IS HERE FOR EDUCATIONAL PURPOSES ONLY. YOU ARE RESPONSIBLE FOR YOUR OWN SPACE PROGRAM. 

 That being said let's have some fun!   

 (edit: this document is a work in progress it will be changing and expanding)

 

 

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