# Jim Puckett ~ Aviation Consultant

Technical

, Legal & Certification Expert

PO Box 423 Dunlap, CA 93621 Cell 805

- 890

- 7047 Fax 559

- 338

- 3260 Email: jim.puckett@unwiredbb.com US Department of Transportation Docket Operations West Building, Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20595

Attn: Office of Rulemaking Ref. FAA

- 2011

- 0492 Additional Information

Under the provisions of 1 4CFR11 Rule Making Procedures, we request an exemption to 14CFR43.13 ( a) and 14 CFR 43.16 where Airworthiness Limitations require that a Type
Certificated Product which has Airworthiness Limitations m ust be followed

. Specifically where the Airworthiness Limitations approved for Cirrus Design model SR20 and SR22 aircraft restrict who may perform maintenance on the ballistic parachute system.

**•** 14 CFR 43.13 (a) in pertinent part:

Each person performing maintenance, alteration, or preventive maintenance on an aircraft, engine, propeller, or appliance sh all use the methods, techniques, and practices prescribed in
the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the
administrator , except as noted in §43.16.

**•** 14 CFR43.16 Airworthiness Limitations.

Each person performing an inspection or other maintenance specified in an Airworthiness Limitations section of a manufacturer's maintenance manual or Instructions for Continued Airworth iness shall perform the inspection or other maintenance in accordance with that section, or in accordance with operations specifications approved by the Administrator under part 121 or 135, or an inspection program approved under §91.409(e).

As the FAR rea ds

, “each person

, ” is compelled to perform according to the Manufactures ’ current maintenance manual or Instructions for continued airworthiness prepared by its manufacturer. However other methods, techniques, and practices may be used if acceptable to the ad ministrator. A irworthiness limitations of the manufacture ’ s manual or Instructions for continued airworthiness must also be followed.

Cirrus Design Corporation Model SR20 and SR22 Ballistic Parachute System, specifically the CAPS system, in accordance with Airworthiness Limitations, excludes anyone other than persons that are trained and or certified by Cirrus Designs systems from performing maintenance or inspection required during repacking the parachute at the required ten year
intervals.

There is no mechanism that we are aware of that defines who “each person” is as described in the above regulati ons except 14 CFR 43.3 Persons Authorized to Perform Maintenance, Preventive Maintenance, Rebuilding, and A lterations.

# Jim Puckett ~ Aviation Consultant

Technical

, Legal & Certification Expert

PO Box 423 Dunlap, CA 93621 Cell 805

- 890

- 7047 Fax 559

- 338

- 3260 Email: jim.puckett@unwiredbb.com The ballistic parachute is required to be installed for Type Certification and may not be operated
without its installation and continued airworthiness. There are more than 4000 Cirrus SR20 and SR22 aircraft in operation. Currently many aircraft have reached the first 10 year interval for

m andatory repack and inspection of the ballistic parachute. A backlog has been created causing many operators to discontinue use until the repack can be accomplished. There is no provision to operate the aircraft without a serviceable parachute.

Ballistic R ecovery System (B RS) is the original inventor, designer , and manufacturer of the General Aviation Recovery Device (GARD) ballistic parachute system as evidenced in the Special Conditions required for the type certification of the two Cirrus Model s

. It shou ld be noted the CAPS ballistic parachute system is currently installed in some models, but is essentially the same including the required repack requirement.

We are requesting exemption to the above mentioned regulations because we can find no regulatory b asis for the verbiage that allows the restriction of who may maintain this specialized equipment without including the manufacturer of the equipment.

This equipment is installed as an emergency apparatus used when the aircraft is no longer airworthy for w hatever reason and is deployed by the pilot or in some instances a passenger to
deliver the aircraft and its occupants to the ground thus greatly diminishing damage to the aircraft, property, injury to occupants, and bystanders on the ground.

We believe i t is in the interest of public safety , and would benefit the public to have this equipmen t maintained and inspected to the highest degree of safety. We believe the parachute manufacturer would fit that requirement.

Because of the expertise that BRS has exh ibited we believe the above mentioned regulations would continue to maintain the same level of safety as provided. We do not believe these regulations envisioned restricting qualified persons form performing proper maintenance using the provisions of airwo rthiness limitations.

We can be reached at Attn. Mr. Boris Popov, Ballistic Recovery Systems (BRS) 380 Airport Road South Saint Paul, MN 55075

- 3551

Telephone 651

- 457

- 7491 Fax 651

- 457

- 8651 E mail bpopov@BRSparachutes.com

Or Mr. Jim Puckett at the co nt act addresses on this letter

.
Sincerely

James Puckett Agent for Servic e