1

Troutman, Jake (FAA)

From: Troutman, Jake (FAA)

Sent: Wednesday, March 23, 2016 2:16 PM

To: 'Gary.Grissum@bnsf.com'

Cc: Ryan, Jim (FAA); Pappas, Rob (FAA)

Subject: Request for Additional Information – BNSF Docket No. FAA-2016-0734

Dear Mr. Grissum:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA‐2016‐

0734).  This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

BNSF requests relief from 14 CFR 61.113, prohibiting a pilot with a private pilot certificate from, for compensation or

hire, acting as pilot in command (PIC) of an aircraft.  BNSF states the FAA has routinely granted relief to this regulation

for operations under Section 333 of Public Law 112‐95.  The FAA concurs; however, Section 333 operations are limited

to visual line of sight (VLOS) of the PIC.  The operations proposed by BNSF are Beyond Visual Line Of Sight (BVLOS),

which may require the PIC to possess additional skills and knowledge relative to VLOS operations.

1. Please expand upon how applicable knowledge and skills possessed by a pilot holding a private pilot certificate

provide an equivalent level of safety or no adverse impact to safety (in accordance with 14 CFR Part 11) for the

BVLOS operations to be conducted under the experimental certificate compared to the same operations

conducted by a pilot holding a commercial pilot certificate.

2. BNSF also seeks relief from the requirements of 91.119(c), restricting an aircraft, except when necessary for

takeoff or landing, from operating closer than 500 feet to any person, vessel, vehicle or structure.  BNSF

requests relief to operate below 500 feet and states that surveillance conducted at 500 feet or higher is

insufficiently distinct to be meaningful.  BNSF states that they have exclusive use of the land over which the

unmanned aircraft will be operated and significant portions of land adjacent to the track and structures that will

be the objects of surveillance.  In its petition, BNSF states it has already taken steps to secure its property

against unauthorized public access and that substantial stretches of BNSF track are fenced, elevated or

otherwise secured.  However, its description of the operating area includes an area of +/‐ 1500 feet of centerline

of the rail track.   

3. Please clarify how BNSF will assure no operations over any person, vessel, vehicle or structure within one

quarter mile either side of the BNSF rail track.

Please submit the additional information (non‐proprietary) to your docket at www.regulations.gov.  Once your

information is submitted, please save your tracking number and submit your tracking number along with the

information submitted to the docket, and any proprietary information electronically via e‐mail to

jake.troutman@faa.gov.  If you want us to process your request any further, we must receive the information described

above by 4/7/16.  If we do not receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267‐9521.

Sincerely,

Jake J Troutman

Program Analyst | Rulemaking

FAA Office of Aviation Safety
2

Airmen and Airspace Rules Division

202‐267‐9521