EIIIISF 

RA/i.WAY 

Gary Grissum 

Assistant Vice President 

Telecommunications 

BNSF Railway Company 

2400 Western Center Blvd. 

Fort Worth, Texas 76131-1322 

817-352-1919 (phone) 

817-352-3919 (fax) 

Gary.Grissum@bnsf.com 

November 23,2015 

Mr. Ear] Lawrence ' 

Director, Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

'I. .•• .,Jl' 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Management System 

1200New Jersey Avenue, SE 

Washington, DC 20590 

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

61.113(a), 91.119(c), 91.121 and91.151, toallowtheuseofsmallunmanned 

aircraft systems on land owned and controlled by BNSF Railway to assist in the 

F AAIBNSF Pathfinder program 

Dear Mr. Lawrence: 

BNSF Railway Company (BNSF) respectfully requests 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 ofthe 

F AAJBNSF 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 fmd 

technical solutions to control issues with beyond visual line of sight (BVLOS) operations 

ofsUAS. 

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

operations included in the Pathfinder effort. BNSF and the FAA have divided the FAA 

Pathfinder project into three phases. This exemption request addresses the transition of 

visual line of sight operations to 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. A11 of the aircraft used 

in Pathfinder BVLOS operations will have either a restricted category airworthiness 

certificate or an experimental airworthiness certificate issued by the FAA. Because other 

aircraft will be added to the test program, BNSF requests that this exemption not be 

limited to the Insitu Scan Eagle fixed-wing, Latitude Engineering HQ-40 powered lift, 

and AirRobot 180 multi-rotor. BNSF understands that additional relief may be required 
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should BNSF choose to utilize either a UAS without an airworthiness certificate of any 

type or a UAS for which the FAA has not already determined that an airworthiness 

certificate is unnecessary in exemptions previously granted under its exemption authority 

in section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act). 1 

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. §44701(f) 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 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 AAIBNSF Pathfmder 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. 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 sti11 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 allow for the 

safe operation of sUAS beyond visual line of sight. 

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

2 14 C.F.R. §11.81 (e). 
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RAil. WAY 

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 ofBNSF'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 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. 

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. 4 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 

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

project 

4 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. 
RAILWAY 

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. 

Support for Petition for Exemption 

In accordance with the procedural requirements of 14 C.F.R. §11.81, BNSF 

provides the_following information: 

Contact Information 

Gary L. Grissum 

Technology Services - Telecomm 

BNSF Railway Company 

2400 Western Center Drive 

Fort Worth, TX76131 

817-352-1919 

Gary. Grissum@bnsf.com 

Regulatory Provisions from which BNSF seeks an Exemption 

BNSF believes it may need an exemption from the foJlowing provisions to 

conduct the contemplated operations. 

14 C.F.R. §61.113(a) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

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 ofthe 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 
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RAILWAY 

understands that the FAA intends that the PIC hold the level of medical certification 

required to support the type of pilot certificate that the PIC is relying upon to operate the 

UAS. Since the required skill set for the PIC in the Pathfinder project is no different than 

the skill set required for commercial operations ofUAS, BNSF requests that it be 

provided the same relief 

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 

surveillance conducted at 500 feet or higher is insufficiently distinct to be meaningfuL 

Since operations at this altitude also pose a heightened risk of collision with other 

aircraft, safety can only be assured through the grant of an exemption. As noted in the 

explanation 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 ofland 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 no individuals unassociated with the planned surveillance are 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. 

§ 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. 
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RAil. WAY 

§ 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. 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. We believe that a 25% power reserve is more than sufficient to meet 

this objective. 

Respectfully submitted, 

~/ ~~"G:>'-......_ .... -

Gary Grissum 

BNSF Railway Company 

Cc: Charles W. Shewmake 

Encl. 

Vice President & General Counsel 

Lirio Lui 

Director ofRulemaking 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 
RAILWAY 

Attachment A 

Pursuant to 14 C.F .R. Part 11, 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.P.R. Affected: 

14 C.P.R. §61.113(a) 

14 C.P.R. §91.119(c) 

14 C.P.R. §91.121 

14 C.P.R. §91.151 

Description ofReliefSought: Petitioner seeks relief from the requirements of 14 C.P.R. 

§§ 61.113(a), 91.119(c), 91.121 and 91.151 to permit it to conduct sUAS operations 

beyond visual line of sight as part of the F AAIBNSF Pathfinder program. The purpose of 

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

inspect rail system infrastructure.