Gary Grissum BNSF Railway Company

Assistant Vice President

Telecommunications

2400 Western Center Blvd.

Fort Worth, Texas 76131-1322

817-352-1919 (phone)

817-352-3919 (fax)

Gary.Grissum@bnsf.com

March 9, 2016

Mr. Earl Lawrence

Director, Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Additional Information to Docket FAA-2016-0734, Request for exemption from the 

regulatory provisions of 14 C.F.R. §§ 61.113(a), 91.119(c), 91.121 and 91.151, to allow 

the use of small unmanned aircraft systems on land owned and controlled by BNSF 

Railway to assist in the FAA/BNSF Pathfinder program.

Dear Mr. Lawrence:

On November 23, 2015 BNSF Railway (BNSF) submitted a request for an exemption 

from Title 14 of the Code of Federal Regulations (C.F.R.) §§61.113(a), 91.119(c), 91.121 and 

91.151 to permit the use of small unmanned aircraft systems (sUAS) as part of the FAA/BNSF 

Cooperative Research and Development Agreement (CRDA) and FAA Pathfinder 3 program. 

The purpose of the FAA/BNSF Pathfinder program is to explore command-and-control 

challenges of using sUAS to inspect rail system infrastructure. BNSF is currently working with 

the FAA in conducting research to understand and find technical solutions to control issues with 

beyond visual line of sight (BVLOS) operations of sUAS. The FAA had requested that BNSF 

apply for an exemption for research and operations included in the Pathfinder effort.

BNSF respectfully submits the following additional information, in the form of paragraph 

modifications, for consideration during the exemption request deliberations. The additional 

information further defines the intent of and need for the requested exemptions, safety measures 

for airborne and surface persons and property, and the public interest in the FAA/BNSF CRDA 

and Pathfinder 3 program. 

Granting an Exemption is in the Public Interest 

Approval of this exemption will allow the FAA/BNSF Pathfinder program team to 

evaluate BVLOS sUAS operations in the railroad environment. As such, approval would 

advance the public interest by providing the FAA with valuable user experience on sUAS 

command and control of unmanned aircraft in BVLOS operations. Until UAS operations can be 

conducted BVLOS, the use of UAS for other than recreational purposes will remain limited. 
From an FAA perspective, the safe integration of UAS into the NAS is vital for advancing the 

unmanned aircraft industry and is required under Congressional mandate. Safe and reliable 

operations BVLOS are a critical element of this integration. Research is still needed to control 

the unmanned aircraft BVLOS in such a way that the current level of safety to the NAS is 

maintained or enhanced. These research efforts under the Pathfinder program are integral to the 

use of sUAS well beyond those operations that will be conducted by BNSF. It is also in the 

public interest to ensure that a major transportation entity, one that transports 25% of the 

country’s rail commerce, operates safely. BNSF transports high value and hazardous cargo 

throughout the United States; maintaining its infrastructure is not only costly and labor intensive, 

but is also critical to the safe and efficient movement of cargo. Current limitations on UAS 

related to maintaining VLOS severely impact BNSF’s ability to maximize the use of UAS to 

maintain this infrastructure. 

Granting an Exemption will not adversely affect Safety

BNSF appreciates the FAA’s obligation to assure the safety of the NAS as well as people 

and property on the ground. In the context of UAS operations, the FAA has expressed significant 

concern over the safety of individuals and property on the ground. Improving the safety of rail 

operations and BNSF staff is a primary driver in BNSF’s UAS operations. The use of UAS for 

track and infrastructure inspection increases the safety of track inspectors who are on the track 

every day, as well as engineering personnel tasked with evaluating potential damage to other 

infrastructure such as bridges. Under the current limitations, inspection personnel remain on the 

track longer than necessary, putting them at additional risk. This is because currently the aircraft 

must land once it reaches the edge of the PIC’s VLOS and the PIC must then relocate the ground 

equipment, UAS, and crew before the aircraft can be further used to assist with the inspection. 

This adds time to the overall inspection process. Granting the requested exemptions will not 

adversely affect safety; it will, improve safety. As part of the Pathfinder program, BNSF and the 

FAA have established a number of mitigations that allow for the safe operation of sUAS beyond 

visual line of sight. 

First, BNSF contemplates conducting sUAS operations over BNSF owned or controlled 

land, in remote and rural areas, beginning with flights during daylight hours, and at altitudes well 

below that which would pose a risk to other aircraft. 

 All of the flight test areas identified for the Pathfinder program are in rural and remote 

areas with very low population density. 

 Because of the inherent risks presented by standard train operations, BNSF has already 

taken steps to secure its property against unauthorized public access. For example, 

substantial stretches of BNSF’s track are fenced, elevated, or otherwise secured to 

prevent access. 

 The nature of operations anticipated by BNSF requires that the unmanned aircraft be 

flown below 500 ft above ground level (AGL) at relatively low speeds. 

 In the event an operation needs to be conducted closer to an airport, BNSF will inform 

the airport operator and airport air traffic control tower of the contemplated operation and 

will comply with any directions issued by air traffic control at that airport
Accordingly, even without utilizing technology and protocols that specifically address the FAA’s 

“see and avoid” requirements, the risk of interference with other aircraft is minimal. 

Second, BNSF plans to adopt a staggered, multi-tiered approach to avoiding obstacles 

and other aircraft by utilizing technology developed by some of the leading experts in flight 

detection.1 This suite of technology will allow BNSF to detect both the presence of other aircraft 

and the exact location of the unmanned aircraft and will, in BNSF’s opinion, provide a level of 

situational awareness that far exceeds what is possible by a pilot flying VFR. 

As noted above, all of the aircraft used in Pathfinder BVLOS operations will have either 

a restricted category airworthiness certificate or a special airworthiness certificate for 

experimental purposes issued by the FAA.2 This requires an extensive review of the sUAS 

system and operating flight test areas to mitigate the possibility of collision with other aircraft and 

determine the aircraft is in a condition for safe operations. Additionally, a communications plan 

will be developed for each of the flight test areas which will be initiated prior to any BVLOS 

flights. This will include issuing NOTAMS and conducting outreach and notification to aviation 

players in the environment (e.g., the military, glider groups, agricultural sprayers, etc.). Finally, 

while not required in class G airspace, BNSF and the operators of the sUAS Pathfinder program 

may, where possible, install transponders on the unmanned aircraft that will allow them to be 

monitored by air traffic controllers.

The Extent of Requested Relief and the Reasons Relief is Needed

§ 61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

*****

Within the context of the section 333 exemptions, the FAA routinely grants relief from 

the prohibition on compensation found in § 61.113(a) as long as the operator (PIC) has an airline 

transport, commercial, private, recreational, or sport pilot certificate, as well as a current FAA 

airman medical certificate or a valid U.S. driver’s license. BNSF PICs hold at least a private pilot 

certificate and a 3rd class airman medical certificate. In exemption No. 11062 the FAA noted that 

experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate 

does not necessarily aid a pilot in the operational UAS environment, and that a person holding a 

private pilot certificate would have the requisite aeronautical knowledge to operate a UAS safely 

under the terms of that exemption. BNSF appreciates that BVLOS operations may require 

knowledge of the NAS and airspace rules greater than that required to secure a recreational or 

 

1 BNSF anticipates that these measures will gradually be implemented throughout the Pathfinder 

project. 

2 To the extent operations are limited to VLOS, BNSF requests the FAA authorize their use 

without an airworthiness certificate as long as the FAA has already approved their use in an 

exemption issued under section 333. BNSF believes this approach is consistent with how the 

FAA is currently processing exemption requests and the close interaction between BNSF and the 

FAA in the Pathfinder project provides the FAA with adequate notice that BNSF is using these 

aircraft as well as of the prevailing operating conditions.
sport pilot certificate. However, an individual holding a private pilot’s license is required to 

demonstrate significantly greater knowledge and skills than an individual holding one of these 

other two certificates. In addition, the BVLOS flights will not be flown under instrument flight 

rules. Given the FAA’s relaxed posture in the section 333 exemptions, BNSF believes that the 

additional training and experience required for a private pilot license adequately addresses any 

increased risk associated with the unmanned aircraft operating BVLOS. 

91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

*****

BNSF submits that the only relief it requires from §91.119 is from the minimum altitudes 

listed in paragraph (c). Relief is required from paragraph (c) because railroad track surveillance 

conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations above 

500 ft AGL also pose a heightened risk of collision with other aircraft, safety can only be assured 

through the grant of an exemption. Also, the contemplated research under the Pathfinder program 

focuses on technologies that, in addition to extensive communications, will enhance safety. As 

noted in the explanation above of why an exemption will not adversely affect safety, BNSF has 

exclusive use of the land over which the unmanned aircraft will be operated. It also has exclusive 

use of significant portions of land adjacent to the track and structures that will be the objects of 

surveillance. We tightly control access to our land and have the ability to assure that individuals 

not associated with the planned surveillance are not on the affected land. BNSF personnel are 

already required to wear mandatory safety equipment, including hard hats, safety glasses and 

steel-toe boots whenever dispatched to a work site. As such, the risk of injury posed by a small 

unmanned aircraft is minimal. BNSF operated sUAS will be using geo-fencing technology as a 

further safety measure to keep the UAS over our property. 

§ 91.121 Altimeter Settings

(a) Each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating—

*****

The sUAS that BNSF anticipates using are not equipped with altimeters. Rather, altitude 

is tracked by a small GPS device that can be followed by the PIC, allowing him or her to control 

the height of the unmanned aircraft. Because BNSF will not fly the unmanned aircraft above 400 

feet, and generally intends to fly the unmanned aircraft no more than 75 feet from the highest 

fixed structure in the intended path of the unmanned aircraft, we believe this GPS is sufficient to 

orient the unmanned aircraft away from other aircraft as well as from ground-based structures that 

are not the subject of the surveillance activity. 
§ 91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

***

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 20 minutes.

The sUAS that BNSF intends to use are battery or gasoline powered; some UAS hybrid 

designs are both battery (vertical lift and landing) and gasoline powered (forward flight). The 

reason for the 30 and 20-minute fuel requirements in §91.151 is to assure that an aircraft has 

sufficient fuel to fly to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. BNSF does not intend to use the sUAS for point-to-point flights. Nor 

will the unmanned aircraft require an airport in order to land. As such, there is no need for a 

time-based excess fuel/power requirement. Rather it should be sufficient to require only as much 

additional excess power reserves as necessary to safely land the unmanned vehicle. Currently the 

PIC is notified when power reserves are at a point where the UAS will either return and land near 

the GCS or land at its current location. BNSF appreciates that greater power reserves may be 

required to return the unmanned aircraft to the GCS in BVLOS operations than in VLOS 

operations. However, as noted above, the unmanned aircraft will only be used over BNSF 

property. As such, there is no need to have the unmanned aircraft return to the GCS when it 

meets the minimum threshold for power reserves. Should reserves be too low to return the 

aircraft to the GCS, BNSF can simply land it. BNSF operational procedures dictate the action the 

PIC will take in regards to low power or fuel levels, based on the specifications of the UAS 

system. For example, 25% may be adequate for an electrically powered system, while 15% of the 

available fuel in the tank is adequate for fuel based systems. 

We trust this expanded discussion resolves any questions or concerns you may have 

regarding our request.

Respectfully submitted,

Gary Grissum

BNSF Railway Company

Cc: Charles W. Shewmake

Vice President & General Counsel

Lirio Lui

Director of Rulemaking

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591