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) operat ions 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 Pat hfinder 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

comman d 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 a dvancing 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 cur rent 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 en gineering 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. G ranting 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 gr ound 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 airportAccordingly, 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 t o 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 aircra ft 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 wi ll 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 possib ility 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 wil l 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 h ire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

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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 op erator (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 perso n 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 r equired 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 a lready 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 addresse s 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.

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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 o perations 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 t o 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 si gnificant 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 aff ected 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. BN SF 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 aircr aft, as the case may be, by reference to an altimeter that is set, when operating

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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 h im 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 c onditions. (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 a nd, 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 res erves 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 m ay 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 questi ons 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