Training & Security Group International, Inc. P.O. Box 2603 Weatherford Texas 76086

www.tsgi09.com 817.901.9024



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_________________________________________ ________________________________ Tactical Instruction Aviation Security Consulting 

### Page | 1 Attention: U.S. Department of Transportation May 24, 2011

Docket Operations, West Building Ground Floor, Room W12

– 140 1200 New Jersey Avenue, SE., Washington, DC 20590
Subject: One

- time field approval for a 337 and/or Petition for Exemption (FAR Part 11.15 ) to

FAR Part 91.205h

Reference: FAR Part 11, FAR Part 91, FAA Handbook 8900, FAA Part 135 and Form 337

TSGI seek s relief for a period of up to 6 months to allow sufficient time for it to acquire the necessary funding and complete modifications to bring its aircraft into compliance with the requirements for use of Night Vision Goggle s. This "One

- time Field approval ” (Directive from the FAA) for a 337 be approved for use as per the previous rulings under 337 for Interior and Exterior aircraft lighting systems required for NVG operations FAR Part 91.205h. If applicable, TSGI, Inc. requests a Petition for Exemption (FAR part 11.15) to FAR Part 91.205h. TSG I, Inc. requests this “One

- time approval and Petition for Exemption to apply to our training from May 23, 2011 through December 20, 2011.
TSGI, Inc. requests this approval for exemption to apply to aircraft serial numbers:

o MD500D N775BD
o MD500E N13KJ TSGI, Inc. will comply with this request per serial numbered aircraft with FAA order 8900.1, Vol. 4, Chapter 9

. History of the FAA involvement with Night Vision Goggles concerning Federal Aviation Regulations: Over the past several years the FAA has accepted field approval of modifications to aircraft for the purpose of NVG lighting and equipment requirements under form 337. Recently the FAA has interpreted a statement for the FAR 's part 91.205h that requires the operator to get the FAA's approval of Interior and Exterior aircraft lighting systems required for NVG operations in the FAA's handbook 8900.1 (figure 4

- 68) that requires Flight deck lighting changes to support NVG use, or any approvals related to NVG must have an STC (Supplemental Type Certificate). This new procedure makes all the previous 337 modification obsolete (t here were 287 approvals). These Regulations and handbook procedures have been largely written with conce rn for FAR Part 135 M e de vac operators, because no one has attempted to work NVG training under FAR P art 91 ; and therefore t he FAA has not fully addressed FAR P art 91 flight training. This gap in the FARs has brought on a hardship TSGI, Inc.

— the FAR Part 9 1 operator

Public Interest : TSGI, Inc. is currently under contract to conduct military flight training , with a Department of State approved customer, with the intent to improve this customer’s ability to support US/DoS interests as part of a coalition force (Afghanistan) in 2012. This training benefits the US public by expanding support to US coalition forces, thereby reducing demand on US military forces while ultimately reducing demand on US resources . The benefit to the public is national security interests by protecting US interests abroad. Under this charge , TSGI, Inc. is to conduct Night Vision Goggle (NVG) training with two MD500 helicopters in the Salt Lake City area.Training & Security Group International, Inc. P.O. Box 2603 Weatherford Texas 76086

www.tsgi09.com 817.901.9024



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_________________________________________ ________________________________ Tactical Instruction Aviation Security Consulting 

### Page | 2 TSGI is under lease for the two helicopter s and have currently modified the two helicopters with NVG compatible lighting previously authorized and safel y utilized by our pilots

. Additionally, TSGI initiated training IAW the contract on May 9, 2011. NVG training was due to start May 23, 2011 and scheduled to conclude on or about December 20 , 2011. If any further details are required please contact the undersigned

. Public Safety: TSGI, Inc. retains some of the most experienced Instructor Pilots in the world. These Instructor Pilots have extensive NVG operator experience from Department of Defense’s 160 th Special Operations Aviation Regiment (Airborne)

— our nation’s most elite helic opter unit. Each of our instructors holds a FAA CFI certificate and has up to 5000 NVG hours in the most demanding environments. A s a risk mitigation measure, TSGI, Inc. company policy imposes internal control measures that restrict our NVG training oper ations to 1000 foot ceiling and 3 miles visibility in controlled and u ncontrolled airspace requirements as per known or forecast prevailing conditions along the route of flight. There is no initial NVG qualification being conducted. All NVG training is c onducted with military

- rated aviators current and qualified in NVG operations. All training will be dual

- pilot NVG training. All instructor pilots and students have flown together for nearly two years aboard and in the US with stringent cockpit crew coordination standardization. Procedural control measures, and coordinated NVG flight training routes are in place with local airport authority to de

- conflict nonparticipating aircraft. Day VFR familiarization and training is conduct over the same terrai n and in the environment as the proposed NVG training. Finally, all NVG navigation training will be in either sparsely populated areas or areas with no population at all. Therefore, we firmly believe our extensive experience and risk mitigation procedure s provide required safety expectations equal or greater to that of a modified aircraft. Thus, there is no increased risk to the public.
TSGI, Inc. has met all the requirements to conduct safe operations as per the Federal Aviation Regulations concerning pilot qualifications, safe operations and compliance with public safety. However due to new regulations and handbook procedures

— concerning chiefly FAR Part 135 operators aircraft equipment certifications

— this recent change has brought an unrealistic har dship on the FAR Part 91 training programs. TSGI, Inc. is not requesting to operate outside of any safety conc erns put in place by the FAA. T SGI is only requesting to operate in accordance with previous rulings concerning field approvals by the FAA under 337's. Additionally, TSGI, Inc. has been coordinating with the Utah FSDO on this request. The Utah FSDO has assisted and encouraged TSGI, Inc. to request this ‘one

- time field approval’ and/or petition for exemption.
Request : TSGI, Inc. requests a "One

- time Field approval ” (Directive from the FAA) for a 337 be approved for use as per the previous rulings under 337 for Interior and Exterior aircraft lighting systems required for NVG operations FAR Part 91.205h. If applicable, TSGI, Inc. requests a Petition for Exemption (FAR part 11.15) to FAR Part 91.205h. TSGI, Inc. requests this “One

- time approval and Petition for Exemption to apply to our training from May 23, 2011 through December 20, 2011.
Summary: TSGI seek s relief for a period of up to 6 months to allow sufficient time for it to acquire the necessary funding and complete modifications to bring its aircraft into complianceTraining & Security Group International, Inc. P.O. Box 2603 Weatherford Texas 76086

www.tsgi09.com 817.901.9024



### _________________________________________________________________________ _

_________________________________________ ________________________________ Tactical Instruction Aviation Security Consulting 

### Page | 3 with the requirements for use of Night Vision Goggle s. This "One

- time Field approval ” (Directive from the FAA) for a 3 37 be approved for use as per the previous rulings under 337 for Interior and Exterior aircraft lighting systems required for NVG operations FAR Part 91.205h. Recently the FAA has interpreted a statement for the FAR's part 91.205h that requires the operator to get the FAA's approval of Interior and Exterior aircraft lighting systems required for NVG operations in the FAA's handbook 8900.1 (figure 4

- 68) that requ ires Flight deck lighting changes to support NVG use, or any approvals related to NVG must have an STC (Supplemental Type Certificate).
Point of contact for this request is Stephen Schiller at 817.901.924, Frank Ippolito at 817.771.2383 or Dan Laguna at 801

. 891

. 3856

.

Stephen M. Schiller Dan Laguna Colonel, US Army (Retired) CW4, US Army (R etired) Senior Vice President Program Manager Chief Operating Officer Director of Aviation Tr aining