The project to lower minimum safe altitudes for balloon flight has been sent to the FAA's Albuquerque Flight Standards District Office (FSDO), which has been tasked with preparing the Notice For Proposed Rulemaking (NPRM). Following the Albuquerque FSDO's document preparation, the effort will enter the official NPRM process, will be assigned a docket number, and will move toward a final resolution.

Following the conclusion of the BFA's Minimum Safe Altitude Study in 2004, the FAA notified the BFA that its study had proven without doubt the justification and necessity of lowering the minimum safe altitudes mandated for balloon flight by FAR 91.119. Data received from a similar study conducted by the Albuquerque Aerostat Ascension Association also contributed to the recommendation. New wording suggested by the FAA would add the words, "and balloons," to the current exemption for helicopters to the restrictions of the current rule.

While the FAA's concurrence with the findings of the two studies was most welcome, it was countered by the agency's tabling the project indefinitely in February of last year. Budget cuts and other priorities were given as reasons for lack of further action toward changing the rule.

Upon receiving notification of this setback, the BFA and AAAA formed a joint committee dedicated to moving the effort forward. After preparing a legislative action package that balloonists could use to enlist the assistance of their states' federal representatives, the committee was notified that the project would be sent to the Albuquerque FSDO for the next step in the rulemaking process. After a few more months of document preparation toward that end, the committee received notification on March 16 that the package had been sent.

The effort to lower minimum safe altitudes for balloons is now in the hands of the Albuquerque FSDO. Once personnel there have prepared the NPRM, it will return to Washington to enter the next phase of rulemaking. While the Albuquerque FSDO is doing its work, the 91.119 committee will be preparing extensive documentation that balloonists can use in writing their letters to the FAA to support the change. Instructions for submitting the letters, as well as a lengthy list of points balloonists may cite in their support, will be found on the BFA web site and in the BFA and AAAA publications when the time has come to write letters. This information will also be sent to all balloon clubs currently registered with the BFA.

While the rule has not yet been changed, we feel that this step marks significant progresss, and look forward to the day when balloon flight will be legal in the manner that it has always been safest.

Nancy Griffin
Balloon Federation of America
Balloon Clubs Chair