EIIIISF 

RAil. WAY 

October 2, 2015 

Mr. Earl Lawrence 

Gary Grissum 

Assistant Vice President 

Telecommunications 

Director, Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

BNSF Railway Company 

2400 Western Center Blvd. 

Fort Worth, Texas 76131-1322 

817-352-1919 (phone) 

817-352-3919 (fax) 

Gary.Grissum@bnsf.com 

.·. 

\. ·' 

.. 

Re: Request for exemption from the regulatory provisions of 14 C.F.R. § § 

91.113(b) and 91.215(a), to allow the use of small unmanned aircraft systems beyond 

visual line of sight on land owned and controlled by BNSF Railway to assist in the 

FAAIBNSF Pathfinder . program 

Dear Mr. Lawrence: 

BNSF Railway Company (BNSF) respectfully requests an exemption from Title 

14 ofthe Code of Federal Regulations (C.F.R.) §§91.113 and 91.215 to permit the use of 

small unmanned aircraft systems (sUAS) in beyond visual line of sight (BVLOS) 

operations as part of the F AA/BNSF Cooperative Research and Development Agreement 

(CRDA) and FAA Pathfinder 3 program. The purpose ofthe 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 BVLOS operations of 

sUAS. 

The FAA has requested that BNSF apply for an exemption for research and 

operations BVLOS beyond Phase 1 of the Pathfinder effort. BNSF and the FAA have 

divided the FAA Pathfinder project into three phases. This exemption request addresses 

Phases 2 and 3, which cover BVLOS research and development flights using a number of 

sUAS, including but not limited to the Insitu Scan Eagle fixed-wing, Latitude 

Engineering HQ-40 powered lift, and AirRobot 180 multi-rotor. All ofthe aircraft used 

in Phase 2 and Phase 3 Pathfinder BVLOS operations will have either a restricted 

category airworthiness certificate or an experimental airworthiness certificate issued by 

the FAA. 
RAil. WAY 

A summary of this request suitable for publication in the Federal Register is 

provided as Appendix A. 

Regulatory Basis for Exemption Request 

The FAA may grant an exemption under 49 U.S.C. §4470l(tY if it has 

determined that such an exemption is in the public interest. The FAA has imposed a 

separate requirement in its procedural regulations, providing that the petitioner shall 

explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance with the 

underlying regulation.2 BNSF anticipates that use of sUAS will enhance safety in rail 

operations over the long term, and the manner in which operations will be conducted in 

Phase 2 and Phase 3 of the Pathfinder program will not adversely affect the safety of the 

flying public or people on the ground. 

Granting an Exemption is in the Public Interest 

Approval of this exemption will allow the F AA/BNSF Pathfinder program team 

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

would advance the pub1ic interest by providing the FAA with valuable user experience on 

sUAS command and control of unmanned aircraft in BVLOS operations. From an FAA 

perspective, the safe integration ofUAS into the NAS is critical for advancing the 

aviation industry and is required under Congressional mandate. 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 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. 

Granting an Exemption will not Adversely Affect Safety 

Granting an exemption will not adversely affect safety. As part of the Pathfinder 

program, BNSF and the FAA have established a number of mitigations that al1ow 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, 

1 The FAA may also grant an exemption under section 333 of the FAA Modernization and Reform 

Act of 2012, P.L. 112-95, 126 Stat 11, February 14, 2012. 

2 14 C.F.R. §11.81 (e). 
Rill SF 

RAILWAY 

• All of the flight test areas identified for Phases 2 and 3 of the Pathfinder program 

are in rural and remote areas with very low population density. 

• Because ofthe inherent risks presented by standard train operations, BNSF has 

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

example, substantial stretches ofBNSF's track are fenced, elevated, or otherwise 

secured to prevent access. 

• The nature of operations anticipated by BNSF requires that the sUAS be flown 

below 500ft 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.3 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. The details of this approach a~e provided in Attachment B. Given 

its commercially sensitive nature, BNSF is seeking confidential treatment of Attachment 

B. 

As noted above, all of the aircraft used in Phase 2 and Phase 3 Pathfinder BVLOS 

operations will have either a restricted category airworthiness certificate or a special 

airworthiness certificate for experimental purposes issued by the FAA. 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 NOT AMS 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. 

3 BNSF anticipates that not all of these measures may be fully implemented at the beginning of 

Phase 2. 
Bill SF 

RAILWAY 

Support for Petition for Exemption 

In accordance with the procedural requirements of 14 C.F.R. §1 1.81, BNSF 

provides the_following information: 

Contact Information 

Gary L. Grissum 

Technology Services - Te/ecomm 

BNSF Railway Company 

2400 Western Center Drive 

Fort Worth, TX 76131 

817-352-1919 

Gary. Grissum@bnsf com 

Regulatory Provisions from which BNSF seeks an Exemption 

BNSF believes it may need an exemption from the following provisions to conduct the 

contemplated operations. 

14 C.F.R. §91.113(b) 

14 C.F.R. §91.215(a) 

The Extent of Requested Relief and the Reasons Relief is Needed 

§91.113, Right-of-way rules: Except water operations. 

*** 

(b) General. When weather conditions permit, regardless of whether an 

operation is conducted under instrument flight rules or visual flight rules, 

vigilance sha)) be maintained by each person operating an aircraft so as to 

see and avoid other aircraft. When a rule of this section gives another 

aircraft the right-of-way, the pilot shall give way to that aircraft and may 

not pass over, under, or ahead of it unless well clear. (emphasis added) 

The FAA has determined that compliance with §91.113(b) requires direct visual 

observation of the surrounding airspace by the pilot on board the aircraft. UAS are 

operated with the pilot in a remote location, not on the aircraft. Given this interpretation, 

an exemption from §91.113(b) is needed for a UAS operator to use electronic DAA 

systems and simiJar solutions to mitigate the risk of collision with other aircraft. 

The F AA/BNSF Pathfinder program was established to find acceptable methods 

of control and to conduct BVLOS operations without a person on board the aircraft. This 

will require conducting BVLOS flights as part of the research and development, requiring 

an exemption. 
RA/i,WAY 

§91.215 ATC transponder and altitude reporting equipment and use 

(a) All airspace: U.S-registered civil aircraft. For operations not 

conducted under part 121 or 135 of this chapter, ATC transponder 

equipment installed must meet the performance and environmental 

requirements of any class ofTSO-C74b (Mode A) or any class of TSOC74c (Mode A with altitude reporting capability) as appropriate, or the 

appropriate class ofTSO-C112 (ModeS). (emphasis added) 

A TC transponders are not required for operations in class G airspace. However, 

if a transponder is nevertheless used in that airspace, it must comply with one of the 

TSOs referenced in paragraph (a). BNSF may choose to install a transponder on its 

unmanned aircraft. BNSF believes thatthe reference to TSO-C74b and TSO-C74c may 

be outdated as the FAA's website indicates that those versions ofTSO-C74 are no longer 

valid. BNSF also believes that it may be possible to purchase a suitable transponder that 

meets the underlying RTCA requirements set forth in the current versions ofTSO-C74 

and TSO-Cl12. However, in the event that the FAA requires an exemption to comply 

with the most recent version ofTSO-C74 or BNSF is unable to locate a transponder that 

meets the applicable standards that is sufficiently small, BNSF requests an exemption 

from this provision. The FAA has previously granted .an exemption to the requirements 

in §91.215 (FAA-2015-2904). 

Respectfully submitted, 

Gary Grissum 

BNSF Railway Company 

Cc: Charles W. Shewmake 

Encl. 

Lirio Lui 

Director of Rulemaking 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 
RAILWAY 

Attachment A 

Pursuant to 14 C.F .R. Part II, the following summary is provided for publication in the 

Federal Register should the FAA determine that publication is needed. · 

Petitioner: Burlington Northern Santa Fe Railway (BNSF) 

Sections of 14 C.F.R. Affected: 

14 C.F.R. §91.113(b) 

14 C.F.R. §91.125(a) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F .R. 

§§91.113(b) and 9l.125(a) to permit it to conduct sUAS operations beyond visual line of 

sight as part ofPhases 2 and 3 ofthe FAA/BNSF Pathfinder program. The purpose of the 

Pathfinder program is to explore command-and-control challenges of using sUAS to 

inspect rail system infrastructure.