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民航规章 CIVIL AVIATION REGULATIONS 3

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Note 2: Certification and licensing Standards are not yet developed by ICAO.  Thus, in the meantime, any certification and licensing need not be automatically deemed to comply with the SARPs of the related Annexes, including Annexes 1, 6, and 8, until such time as the related RPAS SARPs are developed.
Note3: Notwithstanding the ICAO Assembly Resolution A37-15, Article 8 of the Chicago Convention assures each Contracting State of the absolute sovereignty over the authorisation for RPA operation over its territory.
(c) Request for Authorisation.
(1) The request for authorisation referred to in paragraph (b) above shall be made by providing the required information in the application form contained in IS 8.8.1.33;
(2) A request for authorization to operate an RPA in [STATE] shall be made by following the requirements in MCAR 10: 10.2.1.3 and providing the required information in the application form contained in MCAR 10: IS: 10.2.1.3
ICAO Annex 2: 3.1.9; Appendix 2: 1.1; 1.2; 1.3; 1.4; 1.5; 1.6; 1.7; 2.1; 2.2; 2.3; 3.1; 3.2; 3.3; 3.4; 3.5; 3.6
8.8.1.34 UNMANNED FREE BALLOONS
(a) No person shall operate an unmanned free balloon in a manner that would cause a hazard to persons, property or other aircraft.
(b) Classification.  Unmanned free balloons shall be classified as:
(1) Light.  An unmanned free balloon which carries a payload or one or more packages with a combined mass of less than 4 kg (9 lb), unless qualifying as a heavy balloon below, or
(2) Medium.  An unmanned free balloon which carries a payload of two or more packages with a combined mass of 4 kg (9 lb)or more, but less than 6 kg, unless qualifying as a heavy balloon; or
(3) Heavy.  An unmanned free balloon which carries a payload which:
(i) Has a combined mass of 6 kg (13 lb) or more; or
(ii) Includes a package of 3 kg (6 lb) or more; or
(iii) Includes a package of 2 kg (4 lb) or more with an area density of more than 13 g (28 lb) per square centimeter; or
(iv) Uses a rope of other device for suspension of the payload that requires an impact force of 230 N or more to separate the suspended payload from the balloon.
Note 1:  The area density referred to in § 8.8.1.34(b)(1)(iii) is determined by dividing the total mass in grams of the payload package by the area in square centimeters of its smallest surface.
Note 2:  The impact force of 230 N referred to in § 8.8.1.34(b)(1)(iv) and (d)(9) is a unit of measure of force equivalent to a breaking strain of greater than 50 lb.
(d) Operating Rules.  No person may operate an unmanned free balloon --
(1) Unless it has received appropriate authorization from [STATE];
(2) Across the territory of another State without appropriate authorization from the other State concerned prior to the launching of the balloon;
(3) Except in accordance with the conditions specified by the State of Registry and the State(s) to be overflown;
(4) In such a manner that the balloon, or any part thereof, including its payload with the surface of the earth, creates a hazard to persons or property not associated with the operation.
(5) Over the high seas without prior coordination with the appropriate ATS Authority.
(d) Operating Limitations and Equipment Requirements.  No person shall operate a unmanned balloon—
(1) Without authorization from the appropriate ATS Authority
(2) At or through any level below 18000 m (60000 ft) pressure-altitude at which:
(i) There are clouds or obscuring phenomena of more than 4 oktas coverage; or
(ii) The horizontal visibility is less than 8 km (5 statute miles).
(3) By releasing it in a manner that will cause it to fly lower than 300 m (1000 ft) over the congested areas of cities, towns or settlements or in open-air assembly of persons not associated with the operation.
(4) Unless it is equipped with at least two payload flight-termination devices or systems, whether automatic or operated by telecommand, that operate independently of each other.
(5) That is polyethylene zero-pressure unless is it equipped with at least two methods, systems, devices or combinations thereof, that function independently of each other for terminating the flight of the balloon envelope;
(6) Unless the balloon envelope is equipped with either a radar reflective device(s) or radar reflective material that will present an echo to surface radar operating in the 200 MHz to 2 700 MHz frequency range, and/or the balloon is equipped with such other devices as will permit continuous tracking by the operator beyond the range of ground-based radar.
(7) In an area where ground-based SSR equipment is in use, unless it is equipped with a secondary surveillance radar transponder, with pressure-altitude reporting capability, which is continuously operating on an assigned code, or which can be turned on when necessary by the tracking station;
(8) In an area where ground-based ADS-B equipment is in use, unless it is equipped with an ADS-B transmitter, with pressure-altitude reporting capability, which is continuously operated or which can be turned on when necessary by the tracking station.
(9) With a trailing antenna with requires a force of more than 230 N to break it at any point unless the antenna has coloured pennants or streamers that are attached at not more than 15 m intervals;
(10) Below 18000 m (60000 ft) pressure-altitude between sunset and sunrise or such other period between sunset and sunrise (corrected to the altitude of operations) as may be prescribed by the appropriate ATS Authority, unless the balloon and its attachments and payload, whether or not they become separated during the operations, are lighted;
(11) That is equipped with a suspension device (other than a highly conspicuously coloured open parachute) more than 15 m (50 ft) long between sunrise and sunset below 18000 m (60000 ft) pressure-altitude unless the suspension device is coloured in alternate bands of high conspicuity colours or has coloured pennants attached.
(e) Termination.  The operator of an unmanned free balloon with shall activate the appropriate termination device –
(1) When it becomes know that weather conditions are less than those prescribed for the operation;
(2) If a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface, or
(3) Prior to unauthorized entry into the airspace over another State’s territory.
(f) Preflight Notification.
(1) No person shall operate a medium or heavy unmanned balloon unless he/she has made the appropriate notification to the ATS unit
(i) The preflight notification contained in (b) below at least seven days prior to the flight, and
(ii) Any changes in the pre-launch information no later than
(A) six hours before the estimated time of launch, or
(B) in the case of solar or cosmic disturbance investigations involving a critical time element, 30 minutes before the estimated time of launch.
(2) The preflight notification shall contain the following:
(i) Balloon flight identification or project code name;
(ii) Balloon classification and description;
(iii) SSR code, aircraft address or NDB frequency as applicable;
(iv) Operator’s name and telephone number;
(v) Estimated time of launch (or time of commencement and completion of multiple launches);
(vi) Number of balloons to be launched and the scheduled interval between launches (if multiple launches);
(vii) Expected direction of ascent;
(viii) Cruising level(s) (pressure-altitude);
(ix) The estimated elapsed time to pass 18000 m (60000 ft) pressure-altitude or to reach cruising level if at or below 18000 m (60000 ft) together with the estimated location or if the operation consists of continuous launchings, the time to be included is the estimated time at which the first and last in the series will reach the appropriate level;
(x) The estimated date and time of termination of the flight and the planned location of the impact/recovery area.
(A) In the case of balloons carry out flights of long duration, such that the date and time of termination of the flight and the location of impact cannot be forecast with accuracy, the term “long duration” shall be used.
(B) If there is to be more than one location of impact/recover, each location is to be listed together with the appropriate estimated time of impact.
(C) If there is to be a series of continuous impacts, the time to be included is the estimated time of the first and the last in the series.
(g) Notification of launch.  The operator of a medium or heavy unmanned free balloon shall, immediately after launch, notify the appropriate ATS unit of the following:
(1) Balloon flight Identification
(2) launch site;
(3) Actual time of  launch;
(4) Estimate time at which 18000 m (60000 ft) pressure-altitude will be passed, or the estimated time at which the cruising level will be reached if at or below 18000 m (60000 ft) and the estimated location; and
(5) Any changes to the information previously notified in the preflight notification information.
(h) Notification of cancellation.  The operator shall notify the ATS until immediately of a cancellation of the launch of a medium or heavy unmanned free balloon for which a preflight plan has been filed.
(i) Position recording and reports.
(1) The operator of a heavy unmanned balloon shall monitor the flight path of the balloon and forward reports of the balloon’s position to the ATS unit as follows –
(i) For operations at or below 18000 m (60000 ft) – every two hours;
(ii) For operations above 18000 m (60000 ft) – every 24 hours, or
(iii) Immediately if the tracking of the balloon has been lost, providing
(A) the balloons last known position, and
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