# EIIIISF RA/i.WAY Gary Grissum Assistant Vice President Telecommunications BNSF Railway Company 2400 Western Center Blvd. FortWorth, 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 Avenue, SW Washington, DC 20591 U.S. Department ofTransportation Docket Management System 1200NewJersey Avenue, SE Washington, DC 20590


### Re: Request for exemption from the regulatoryprovisions of 14 C.F.R. §§ 61.113(a), 91.119(c), 91.121 and91.151, toallowtheuseofsmallunmanned aircraft systems on landownedandcontrolledbyBNSFRailway to assist in the F

AAIBNSFPathfinderprogram DearMr. Lawrence: BNSF Railway Company (BNSF) respectfully requests an exemption from Title 14 ofthe Code ofFederal Regulations (C.F.R.) §§61.113(a), 91.119(c), 91.121 and 91.151 to permitthe use ofsmall unmanned aircraft systems (sUAS) as partofthe FAAJBNSF Cooperative Research and DevelopmentAgreement (CRDA) and FAA Pathfinder 3 program. Thepurpose ofthe FAA/BNSF Pathfinderprogram 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 fmd technical solutions to control issues withbeyond visual line ofsight (BVLOS) operations ofsUAS. The FAAhas requested thatBNSF apply for an exemption for research and operations included in thePathfinder effort. BNSF and the FAAhave dividedthe FAA Pathfinderproject into three phases. This exemption request addresses the transition of visual line ofsight operations to BVLOS research and development flights using a number ofsUAS, including butnot limited tothe Insitu Scan Eagle fixed-wing, Latitude Engineering HQ-40powered lift, and AirRobot 180 multi-rotor. A11 ofthe aircraft used inPathfinder BVLOS operations will have either a restricted category airworthiness certificate oran experimental airworthiness certificate issued bytheFAA. Because other aircraft will be added to the test program, BNSF requests thatthis exemption notbe limited to the Insitu Scan Eagle fixed-wing, Latitude Engineering HQ-40powered lift, and AirRobot 180 multi-rotor. BNSF understands that additional reliefmayberequired

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shouldBNSF choose to utilize either a UAS without an airworthiness certificate ofany 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 ofthe FAAModernization andReform Act of2012 (Modernization Act). 1
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. §44701(f) ifit 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 wouldnot adversely affect safety or how the exemption would provide at least an equivalent level ofsafety as compliance with theunderlying regulation.2 BNSF anticipates thatuse ofsUAS will enhance safety in rail operations over the long term, andthe manner 

### in which operations will be conducted in the Pathfinderprogram will not adversely affect the safety ofthe flying public orpeople on the ground. Granting an Exemption is in the Public Interest Approval ofthis exemption will allow the FAAIBNSF Pathfmderprogram team to evaluate BVLOS sUAS operations in the railroad environment. As such, approval would advance the public interestby providingthe FAA with valuableuser experience on sUAS command and control ofunmanned aircraft inBVLOS 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 ofthis integration. Research is sti11 needed to control theunmanned aircraft BVLOS 

### in such a way thatthe current level ofsafety is maintained or enhanced. These research efforts underthe Pathfinderprogram are integral totheuse ofsUAS well beyondthose operations that will be conducted byBNSF. Granting an Exemption will not adversely affect Safety Granting an exemption will not adversely affect safety. As part ofthePathfinder program, BNSF and the FAA have established a number ofmitigations that allow for the safe operation ofsUAS beyond visual line ofsight.

1 P.L 112-95, 126 Stat 11, February 14,2012 2 14 C.F.R. §11.81 (e).

# Bill SF 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 wouldpose a risk to other aircraft.

• All ofthe flight test areas identified for 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 againstunauthorized public access. For example, substantial stretches ofBNSF's track are fenced, elevated, or otherwise secured to prevent access. · • The nature ofoperations anticipatedbyBNSF 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 closerto an airport, BNSF will inform the airport operator and airportairtraffic control towerofthe contemplated operation and will comply with any directions issuedby airtraffic control at that 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, BNSFplansto adopt a staggered, multi-tiered approach to avoiding obstacles and other aircraft byutilizing 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. As noted above, all ofthe aircraft used in Pathfinder BVLOS operations will have either a restricted category airworthiness certificate or a special airworthiness certificate for experimental purposes issued bythe FAA.4 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 priorto 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 undersection 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 ofthe prevailing operating conditions.

### RAILWAY 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 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 GaryL. Grissum Technology Services

- Telecomm BNSFRailway Company 2400 Western CenterDrive 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 ofRequested Reliefand the Reasons Reliefis Needed 

### § 61.113 Privatepilotprivileges and limitations: Pilot in 

### command.

(a) Except as provided in paragraphs (b) through (h) ofthis 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; normay thatperson, for compensation or hire, act as pilot in command ofan aircraft. 

## ***** Within the context ofthe section 333 exemptions, the FAAroutinely grants relief from the prohibition on compensation found in § 61.113(a) as long asthe 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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understands thatthe FAA intends thatthe PIC hold the level ofmedical certification required to supportthe type ofpilot 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 setrequired for commercial operations ofUAS, BNSF requests that it be providedthe same relief 

### 91.119 Minimum safe altitudes: General. Except when necessary for takeofforlanding, no person may operate an aircraft below the following altitudes: 

## *** (c) Over other than congested areas. 

### An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure. 

### *****
BNSF submits thatthe only reliefit requires from §91.119 is from the minimum altitudes listed in paragraph (c). Reliefis required :from paragraph (c) because surveillance conducted at 500 feet orhigher is insufficiently distinct to be meaningfuL Since operations at this altitude also pose a heightened risk ofcollision with other aircraft, safety can only be assured through the grant ofan exemption. As noted in the explanation ofwhy an exemption will not adversely affect safety, BNSF has exclusive use ofthe land over which theunmanned aircraft will be operated. It also has exclusive use ofsignificant portions ofland adjacentto the track and structures that will bethe objects ofsurveillance. We tightly control access to our land and have the ability to assure that no individuals unassociated with theplanned surveillance are onthe affected land. BNSF personnel are already required to wearmandatory safety equipment, including hard hats, safety glasses and steel-toe boots whenever dispatched to a work site. As such, the risk ofinjury posed by a small unmanned aircraft is minimal. 

### § 

### 91.121 Altimeter Settings

(a) Each person operating an aircraft shall maintainthe cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeterthatis 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 orherto control the height ofthe 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 inthe intended path ofthe unmanned aircraft, webelievethis GPS is sufficient to orientthe unmanned aircraft away from other aircraft as well as :from ground-based structures that are not the subject ofthe surveillance activity.

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### § 91.151 Fuel requirements for flight in VFR conditions. (a) No personmay 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 ofintended landing and, assuming normal cruising speed

- (1) Duringthe day, to fly after that for at least 30 minutes; or 

## *** (b) Noperson may begin a flight in a rotorcraft under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
The sUAS that BNSF intends to use are battery orgasoline 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 theplanned 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 orderto land. As such, there isno 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% powerreserve 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 Avenue, SW Washington, DC 20591RAILWAY
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 relieffrom 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 ofsight as part ofthe FAAIBNSF Pathfinder program. The purpose of the Pathfinder program is to explore command-and-control challenges ofusing sUAS to inspect rail system infrastructure.