Narrative:

I was operating balloon in the local baton rouge area with 2 passengers. Several fixed wing aircraft passed very close by the balloon and above. These aircraft likely reported to ATC that the balloon was in the baton rouge arsa, which starts at 1300' AGL outside the 5 mi radius and inside the 10 mi radius. We were never above 1100' AGL and tried to maintain the 1000' minimum altitude requirement for a congested area. The FAA district office has contacted me and requested a meeting to determine if I was in the arsa west/O radio communication. We are equipped with a 2-WAY VHF aircraft radio and would have contacted ATC if we were going to fly into the arsa, which we did not. Callback conversation with reporter revealed the following information. Reporter states that on advice of attorney and instrument he did not talk to FSDO representative who called several times. Wrote letter describing events and always below floor of arsa. Has witnesses in the basket to verify. So far no further contact.

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Original NASA ASRS Text

Title: HOT AIR BALLOON ALLEGED TO BE ABOVE ARSA FLOOR.

Narrative: I WAS OPERATING BALLOON IN THE LCL BATON ROUGE AREA WITH 2 PAXS. SEVERAL FIXED WING ACFT PASSED VERY CLOSE BY THE BALLOON AND ABOVE. THESE ACFT LIKELY RPTED TO ATC THAT THE BALLOON WAS IN THE BATON ROUGE ARSA, WHICH STARTS AT 1300' AGL OUTSIDE THE 5 MI RADIUS AND INSIDE THE 10 MI RADIUS. WE WERE NEVER ABOVE 1100' AGL AND TRIED TO MAINTAIN THE 1000' MINIMUM ALT REQUIREMENT FOR A CONGESTED AREA. THE FAA DISTRICT OFFICE HAS CONTACTED ME AND REQUESTED A MEETING TO DETERMINE IF I WAS IN THE ARSA W/O RADIO COM. WE ARE EQUIPPED WITH A 2-WAY VHF ACFT RADIO AND WOULD HAVE CONTACTED ATC IF WE WERE GOING TO FLY INTO THE ARSA, WHICH WE DID NOT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO. RPTR STATES THAT ON ADVICE OF ATTORNEY AND INSTR HE DID NOT TALK TO FSDO REPRESENTATIVE WHO CALLED SEVERAL TIMES. WROTE LETTER DESCRIBING EVENTS AND ALWAYS BELOW FLOOR OF ARSA. HAS WITNESSES IN THE BASKET TO VERIFY. SO FAR NO FURTHER CONTACT.

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.