Section 101.33 - Operating limitationsNo 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