"Larry Dighera" wrote in message
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If you believe that this:

(e) Approaching head-on. When aircraft are approaching each other
head-on, or nearly so, each pilot of each aircraft shall alter
course to the right.

Overrules (2) above, then please explain how a balloon (given the
right-of-way in (d)(1)) can alter course to the right.

If (e) negates (d)(3), then it also negates (d)(1). I have a very
difficult time believing that the regulation doesn't grant balloons
the right of way over all other aircraft.

Believe what you like. I agree that one can interpret the construction in
an illogical way if you want. However, it is standard practice in the FARs
for equivalent but different situations to be described in same-level
paragraphs. (e) *does* overrule (d).

If the FAA wanted the categories to override anything else, the regulation
would have been written differently, more like the minimum altitude
regulation. For example:

(d) If the aircraft are of different categories...
(e) If the aircraft are of the same category,
(1) and are converging head-on (or nearly so)...
(2) otherwise...

Your balloon example carries no more weight than analysis of the
construction, and frankly it's much more common for the regulations to
appear to require something that seems a little silly than it is for them to
not follow their own usual rules of order.

Inasmuch as a balloon could be considered to be converging "head-on", (e)
applies and the balloon is expected to give way to the right to whatever
extent it can. In a balloon, this means an altitude change, which of course
renders the same-altitude convergence rules moot. But I see no reason to
interpret the rules in the way you've chosen to do so.

For example: under your interpretation of the rules, a balloon overtaking a
helicopter in a hover would have the right-of-way and the helicopter would
be required to give way. That certainly makes no more sense than requiring
a balloon to alter course, and frankly I think it makes a lot less sense (at
least in the converging situation, the balloon pilot can see the other
traffic).

So, which is it? Are balloon pilots required to alter course to the right?
Or are helicopter pilots required to yield right-of-way to a balloon
approaching them from the rear? You can't have it both ways.

Pete