Narrative:

I was asked to give a biennial flight review to pilot of college station, tx, in his hot air balloon. After checking WX and launching pibals, we decided to launch from college station and fly to coulter field. The proposed flight path offered several opportunities to do at least 3 takeoffs and lndgs. The launch went as planned and I had climb out to 1000' AGL to clear the congested area of the city. After climbing out at this assigned rate of climb and maintaining straight and level flight at 1000', I asked him to make an approach to an open area east of town which had been used for a balloon race last yr. The approach was made sooner than I would have done myself and the surface wind turned our direction back to the west so that we landed in the northeast corner of the field. I then requested that he climb out and make an approach to allen academy, an area where we had landed balloons on several previous occasions. The winds above approximately 400' were such that the approach to allen academy took us over the wheeler ridge subdivision. The area is on the eastern boundary of bryan and is surrounded by sparcely to non populated areas. The approach to landing at allen academy required a descent to approximately 250' to 300' to maintain a heading to make the next landing. I heard dogs barking and realized we were lower than 1000' AGL but also realized such limitations do not apply when necessary to takeoff and land. Dogs also bark at balloons at 1000' on a regular basis. The landing at allen academy went as planned and we then flew on doing contour flying over unpopulated trees and pasture and one more touch and go landing before reaching our final landing at coulter field. I later learned that someone complained to the FAA about low flying and barking dogs. The only way the flight over wheeler ridge could have been avoided would have meant cancelling what was a safe approach to allen academy. (In airplane terms it would have been similar to bypassing a touch and go landing at an airport because the approach was over a congested area). The original plan of flight was chosen because it avoided congested areas, cattle lands, red zones (self imposed avoidance area by landowner request) and difficult recovery areas. I don't feel any far's were violated in the above flight, however, at least one citizen did. The problem, I feel, lies with the interpretation of far part 91 as it applies to balloons their unique flight operations. A change of part 91 to allow balloons the same priviliges as helicopters would not have prevented the incident but could have prevented the report to FAA.

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Original NASA ASRS Text

Title: HOT AIR BALLOON CHECK RIDE FLIES AT 400' ALT AGL OVER CONGESTED AREA ON APCH TO PRACTICE LNDG.

Narrative: I WAS ASKED TO GIVE A BIENNIAL FLT REVIEW TO PLT OF COLLEGE STATION, TX, IN HIS HOT AIR BALLOON. AFTER CHKING WX AND LAUNCHING PIBALS, WE DECIDED TO LAUNCH FROM COLLEGE STATION AND FLY TO COULTER FIELD. THE PROPOSED FLT PATH OFFERED SEVERAL OPPORTUNITIES TO DO AT LEAST 3 TKOFS AND LNDGS. THE LAUNCH WENT AS PLANNED AND I HAD CLB OUT TO 1000' AGL TO CLR THE CONGESTED AREA OF THE CITY. AFTER CLBING OUT AT THIS ASSIGNED RATE OF CLB AND MAINTAINING STRAIGHT AND LEVEL FLT AT 1000', I ASKED HIM TO MAKE AN APCH TO AN OPEN AREA E OF TOWN WHICH HAD BEEN USED FOR A BALLOON RACE LAST YR. THE APCH WAS MADE SOONER THAN I WOULD HAVE DONE MYSELF AND THE SURFACE WIND TURNED OUR DIRECTION BACK TO THE W SO THAT WE LANDED IN THE NE CORNER OF THE FIELD. I THEN REQUESTED THAT HE CLB OUT AND MAKE AN APCH TO ALLEN ACADEMY, AN AREA WHERE WE HAD LANDED BALLOONS ON SEVERAL PREVIOUS OCCASIONS. THE WINDS ABOVE APPROX 400' WERE SUCH THAT THE APCH TO ALLEN ACADEMY TOOK US OVER THE WHEELER RIDGE SUBDIVISION. THE AREA IS ON THE EASTERN BOUNDARY OF BRYAN AND IS SURROUNDED BY SPARCELY TO NON POPULATED AREAS. THE APCH TO LNDG AT ALLEN ACADEMY REQUIRED A DSNT TO APPROX 250' TO 300' TO MAINTAIN A HDG TO MAKE THE NEXT LNDG. I HEARD DOGS BARKING AND REALIZED WE WERE LOWER THAN 1000' AGL BUT ALSO REALIZED SUCH LIMITATIONS DO NOT APPLY WHEN NECESSARY TO TKOF AND LAND. DOGS ALSO BARK AT BALLOONS AT 1000' ON A REGULAR BASIS. THE LNDG AT ALLEN ACADEMY WENT AS PLANNED AND WE THEN FLEW ON DOING CONTOUR FLYING OVER UNPOPULATED TREES AND PASTURE AND ONE MORE TOUCH AND GO LNDG BEFORE REACHING OUR FINAL LNDG AT COULTER FIELD. I LATER LEARNED THAT SOMEONE COMPLAINED TO THE FAA ABOUT LOW FLYING AND BARKING DOGS. THE ONLY WAY THE FLT OVER WHEELER RIDGE COULD HAVE BEEN AVOIDED WOULD HAVE MEANT CANCELLING WHAT WAS A SAFE APCH TO ALLEN ACADEMY. (IN AIRPLANE TERMS IT WOULD HAVE BEEN SIMILAR TO BYPASSING A TOUCH AND GO LNDG AT AN ARPT BECAUSE THE APCH WAS OVER A CONGESTED AREA). THE ORIGINAL PLAN OF FLT WAS CHOSEN BECAUSE IT AVOIDED CONGESTED AREAS, CATTLE LANDS, RED ZONES (SELF IMPOSED AVOIDANCE AREA BY LANDOWNER REQUEST) AND DIFFICULT RECOVERY AREAS. I DON'T FEEL ANY FAR'S WERE VIOLATED IN THE ABOVE FLT, HOWEVER, AT LEAST ONE CITIZEN DID. THE PROB, I FEEL, LIES WITH THE INTERPRETATION OF FAR PART 91 AS IT APPLIES TO BALLOONS THEIR UNIQUE FLT OPS. A CHANGE OF PART 91 TO ALLOW BALLOONS THE SAME PRIVILIGES AS HELIS WOULD NOT HAVE PREVENTED THE INCIDENT BUT COULD HAVE PREVENTED THE RPT TO FAA.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.