# EIIIISF RAil.WAY

October2, 2015 Mr. Earl Lawrence Gary Grissum Assistant Vice President Telecommunications

Director, Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Avenue, 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. FortWorth, Texas 76131-1322 817-352-1919 (phone) 817-352-3919 (fax) Gary.Grissum@bnsf.com

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Re: Request for exemption from the regulatoryprovisions of 14 C.F.R. § § 91.113(b) and 91.215(a), to allow the use of small unmannedaircraftsystems beyond visual line of sight on landownedandcontrolledbyBNSFRailway to assist in the FAAIBNSFPathfinder

.program Dear Mr. Lawrence: BNSF Railway Company (BNSF) respectfully requests an exemption from Title 14 ofthe Code ofFederal Regulations (C.F.R.) §§91.113 and 91.215 to permit the use of small unmanned aircraft systems (sUAS) in beyond visual line ofsight (BVLOS) operations as part ofthe FAA/BNSF Cooperative Research and DevelopmentAgreement (CRDA) and FAA Pathfinder 3 program. The purpose ofthe FAA/BNSF Pathfinder program is to explore command-and-control challenges ofusing 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 1ofthe 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 PathfinderBVLOS operations will have either a restricted category airworthiness certificate oran experimental airworthiness certificate issued by the FAA.

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A summary ofthis 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 ifit has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providingthat the petitioner shall explain why granting the exemption would not adversely affect safety orhowthe exemption would provide at least an equivalent level ofsafety as compliance with the underlying regulation. 2 BNSF anticipates that use ofsUAS will enhance safety in rail operations overthe long term, and the manner in which operations will be conducted in Phase 2 and Phase 3 ofthe Pathfinderprogram will not adversely affectthe safety ofthe flying public or people on the ground. Granting an Exemption is in the Public Interest Approval ofthis exemption will allow the FAA/BNSF Pathfinderprogram 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 ofunmanned aircraft in BVLOS operations. From an FAA perspective, the safe integration ofUAS into theNAS is critical for advancing the aviation industry and is required under Congressional mandate. Operations BVLOS are a critical element ofthis integration. Research is still needed to control the unmanned aircraft BVLOS in such a way that the current level ofsafety is maintained orenhanced. These research efforts under the Pathfinderprogram are integral to the use ofsUAS well beyond those operations that will be conducted by BNSF. Granting an Exemption will notAdversely Affect Safety Granting an exemption will not adversely affect safety. Aspart ofthe Pathfinder program, BNSF and the FAA have established a numberofmitigations that al1ow for the safe operation ofsUAS beyond visual line ofsight. 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 belowthat which would pose a risk to other aircraft,

1The FAA may alsogrant an exemption under section 333 ofthe FAA Modernization and Reform Act of2012, P.L. 112-95, 126 Stat 11, February 14, 2012. 2 14 C.F.R. §11.81 (e).

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• All ofthe flight test areas identified for Phases 2 and 3 ofthe Pathfinderprogram 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, orotherwise secured to prevent access. • The nature ofoperations anticipated by BNSF requires thatthe sUAS be flown below 500ft above ground level (AGL) at relatively low speeds. • In the event an operation needs to be conducted closerto an airport, BNSF will inform the airport operator and airport airtraffic control tower ofthe contemplated operation and will comply with any directions issued by air traffic control atthat airport · Accordingly, even without utilizing technology and protocols that specifically address the FAA's "see and avoid" requirements, the risk ofinterference 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 ofthe leading experts in flight detection.3 This suite oftechnology will allow BNSF to detect both the presence ofother aircraft and the exact location ofthe unmanned aircraft and will, in BNSF's opinion, provide a level ofsituational awareness that far exceeds what is possible by a pilot flying VFR. The details ofthis approach**a~e** provided in Attachment B. Given its commercially sensitive nature, BNSF is seeking confidential treatment ofAttachment B. As noted above, all ofthe 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 ofthe sUAS system and operating flight test areas to mitigate the possibility ofcollision with other aircraft and determine the aircraft is in a condition for safe operations. Additionally, a communications plan will be developed for each ofthe 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 ofthe sUAS Pathfinder program may, where possible, install transponders on the unmanned aircraftthat will allow them to be monitored by airtraffic controllers.

3 BNSF anticipates that not all ofthese 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 providesthe_following information: Contact Information GaryL. Grissum Technology Services

- Te/ecomm BNSFRailway Company 2400 Western CenterDrive Fort Worth, TX 76131 817-352-1919 Gary.Grissum@bnsf com Regulatory Provisions from which BNSF seeks an Exemption BNSFbelieves it may need an exemption from the following provisions to conductthe contemplated operations. 14 C.F.R. §91.113(b) 14 C.F.R. §91.215(a) The Extent ofRequested Reliefand the Reasons Reliefis Needed §91.113, Right-of-way rules: Exceptwater operations. 

## *** (b) General. When weatherconditions permit, regardless ofwhether an operation is conducted under instrumentflight rules orvisual flight rules, vigilance sha)) be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule ofthis section gives another aircraftthe right-of-way, the pilot shall give way to that aircraft and may not pass over, under, orahead ofitunless well clear. (emphasis added) The FAA has determined that compliance with §91.113(b)requires direct visual observation ofthe surrounding airspace bythe pilot onboard 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 operatorto use electronic DAA systems and simiJar solutions to mitigate the risk ofcollision with other aircraft. The FAA/BNSF Pathfinderprogram was established to find acceptable methods ofcontrol and to conduct BVLOS operations without a person onboard the aircraft. This will require conducting BVLOS flights as part ofthe research and development, requiring an exemption.RA/i,WAY

§91.215 ATC transponder and altitude reporting equipment and use (a)

### Allairspace: U.S-registeredcivilaircraft. For operations not conducted underpart 121 or 135 ofthis chapter, ATC transponder equipment installed must meetthe performance and environmental requirements ofany class ofTSO-C74b (Mode A) orany class ofTSOC74c (Mode A with altitude reporting capability) as appropriate, orthe appropriate class ofTSO-C112 (ModeS). (emphasis added) ATC transponders are notrequired for operations in class G airspace. However, ifa transponder is nevertheless used in that airspace, it must comply with one ofthe TSOs referenced in paragraph (a). BNSF may choose to install a transponder on its unmanned aircraft. BNSF believes thatthereference to TSO-C74b and TSO-C74c may be outdated as the FAA's website indicates thatthose versions ofTSO-C74 are no longer valid. BNSF also believes that it may be possible to purchase a suitable transponderthat 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 orBNSF is unable to locate a transponderthat 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 DirectorofRulemaking Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591RAILWAY
Attachment A Pursuant to 14 C.F.R. Part II, the following summary is provided for publication in the Federal Register should theFAA determine that publication is needed. · Petitioner: BurlingtonNorthern SantaFeRailway (BNSF) Sections of 14 C.F.R. Affected: 14 C.F.R. §91.113(b) 14 C.F.R. §91.125(a) Description ofReliefSought: Petitioner seeks relieffrom the requirements of 14 C.F.R. §§91.113(b) and 9l.125(a)to permit itto conduct sUAS operations beyond visual line of sight as part ofPhases 2 and 

### 3oftheFAA/BNSF Pathfinderprogram. The purpose ofthe Pathfinder program is to explore command-and-control challenges ofusing sUAS to inspect rail system infrastructure.