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 September 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 lighting system required for night vision goggle 

operations; 

(4) Two-way radio communications system; 

(5) Gyroscopic pitch and bank indicator (artificial horizon); 

AFS-11-363-E
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(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 imaging 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. 
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As noted above, the installation of an NVIS requires 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 did not adequately address the approval basis 

required to modify an aircraft for NVIS operations. 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 light 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 exemption 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