Exemption No. 10401

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

TRAINING & SECURITY GROUP INTERNATIONAL, INC. Regulatory Docket No. FAA-2011-0685

for an exemption from § 91.205(h) of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letters dated May 24 and Septem ber 9, 2011, Mr. Stephen M. Schiller, Senior Vice President, Chief Operating Officer, Training & Security Group International, Inc. (TSGI), P.O. Box 2603, Weatherford, Texas 76086, petitioned the Federal Aviation Administration (FAA) on behalf of TSGI for an exemption from § 91.205(h) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would provide relief for a period of up to 6 months to allow sufficient time for TSGI to acquire the necessary funding and complete modifications to bring its aircraft into compliance with the requirements for use of night vision goggles (NVG).

The petitioner requests relief from the following regulation:

Section 91.205(h) requires that for night vision goggle operations, the following instruments and equipment must be installed in the aircraft, functioning in a normal manner, and approved for use by the FAA: (1) Instruments and equipment specified in paragraph (b) of this section, instruments and equipment specified in paragraph (c) of this section; (2) Night vision goggles; (3) Interior and exterior aircraft ligh ting system required for night vision goggle operations; (4) Two-way radio communications system; (5) Gyroscopic pitch and bank indicator (artificial horizon);

AFS-11-363-E2

(6) Generator or alternator of adequate capacity for the required instruments and equipment; and (7) Radar altimeter.

The petitioner supports its request with the following information:

The petitioner requests relief for the modifications to bring its aircraft into compliance with the requirements of § 91.205(h) for the use of NVGs. TSGI seeks to use a one-time field approval (Form 337) in lieu of a supplemental type certificate (STC) to allow sufficient time to acquire the funding and complete the modifications for the interior and exterior aircraft lighting systems required for NVG operations.

TSGI’s petition states that over the past several years the FAA has accepted field approvals (287 approvals) prior to changing the rule on April 29, 2011. TSGI’s petition also states that, as of April 2011, to be in compliance with the FAA regulations and guidance, operators must have an STC on the modifications made to the aircraft to use the NVGs. TSGI does not have an STC on the aircraft, which are leased from another vendor.

TSGI states that approval of the requested exemption would be in the public interest for the following reasons:

TSGI is under contract to conduct military flight training with the Jordanian military (a Department of State-approved customer) so it may support coalition forces in Afghanistan in 2012. The training expands support to U.S. coalition forces, thereby reducing demand on U.S. military forces. The benefit to the public is national security interests by protecting U.S. interest abroad. TSGI is to provide NVG training with two MD500 helicopters in the Salt Lake City area.

The FAA’s analysis is as follows:

The FAA finds that TSGI’s request to use a one-time field approval through FAA Form 337 as relief for the interior and exterior aircraft lighting systems required for the NVG operations in accordance with 14 CFR § 91.205(h) does not adequately address approval of the aircraft change in type design necessary for the integration of the NVG pursuant to 14 CFR § 21.113. Due to the fundamental effect NVGs have on visual perception and the inherent characteristics of night vision imagi ng system (NVIS) technology, modifications to the aircraft to make it NVIS-compliant are considered to be a major change in type design that has a significant impact on the operational characteristics of the aircraft. An engineering and human factors/pilot evaluation and analysis is required to ensure that the workload associated with NVIS operations does not have an appreciable affect on the operational

characteristics or airworthiness of the aircraft.

Although an FAA aviation safety inspector (ASI) may issue a field approval for a major alteration, he or she must do so only when provided with the accompanying design data for the alteration and must verify compliance with all regulations affected by the alteration.3

As noted above, the installation of an NVIS re quires engineering evaluation and analysis, as such are outside the scope of an FAA ASI’s ability to determine compliance.

We cannot verify the number of field approvals (287) as stated in the petition. The FAA has confirmed 68 field approvals that di d not adequately address the approval basis required to modify an aircraft for NVIS opera tions. These field approvals were corrected with STCs through a special program.

The FAA is aware of other NVIS lighting projects involving private U.S. companies contracted to train foreign forces or operate in foreign countries with either U.S. coalition forces or foreign forces. These projects have either successfully completed or are pursuing NVIS lighting STCs for their aircraft. In li ght of this information, granting TSGI an exemption from the requirements of 14 CFR § 91.205(h) through the use of “one-time field approvals” is not in the public interest.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exem ption would not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, the petition of Training & Security Group International, Inc., for an exemption from 14 CFR § 91.205(h) is hereby denied.

Issued in Washington, D.C., on December 13, 2011.

/s/

John S. Duncan Acting Deputy Director, Flight Standards

Service