December 2, 2010 

 RAR10QALTR013 

U.S. Department of Transportation 

Docket Management System 

400 7th Street, SW. 

Room PL 401 

Washington, DC 20591-0001 

SUBJECT: Petition For Exemption To 14 CFR Part 21 Section 21.123(g) 

requirement to obtain a Production Certificate within 6 

months after issuance of a Type Certificate 

REFERENCE: Emivest Aerospace Corporation FAA Approved Production 

Inspection System Holder, Project No. PA0854SW 

The purpose of this petition for exemption is to permit Emivest Aerospace 

Corporation (herein referred to as “Emivest”) to continue to operate as an 

FAA Production Approval Holder under the terms and conditions of its latest 

FAA accepted Approved Production Inspection System (APIS). 

Petitioner: Emivest Aerospace Corporation 

1770 Skyplace Blvd. 

San Antonio, TX 78216 

 Tel: (210) 258-3988 

 Fax: (210) 258-8686 

Point of Contact: Robert A. Robino Jr. 

Email: rob.robino@emivestaerospace.com 

Request Exemption From: 14 CFR Part 21 Section 21.123(g) Amendment 

21-92, Effective 4/16/2011 which states “Except as otherwise authorized by 

the FAA, obtain a production certificate for that product in accordance with 

subpart G of this part within 6 months after the date of issuance of the type 

certificate. 

Extent of Relief Requested:

Emivest requests this exemption so that Emivest may continue to operate as 

an FAA Production Approval Holder under the terms and conditions of its FAA 

APIS approval letter dated 10-21-10 or later FAA approved APIS approval 

letter which references Emivest’s Quality System Manual, for a minimum 

time frame of 24 months after the effective date of the rule to which we seek 

an exemption. 

Emivest, formerly Sino Swearingen Aircraft Corporation, has always even 

prior to obtaining its Type Certificate (A00001AC) for the SJ30-2 on 

10-25-05, been diligently pursuing obtaining a Production Certificate. In fact 
in early 1996, Emivest submitted its first quality manual (Type Certificate 

Manual) to the FAA. Emivest knew that no regulation existed requiring a 

Type Certificate applicant to have a quality manual, let alone submit one to 

the FAA. Notwithstanding the lack of requirement, Emivest was determined 

to set this new company on the path of becoming an FAA Production 

Approval Holder. Subsequently, this early quality manual, became the 

Quality System Manual referenced in Emivest’s APIS approval letter In the 

future, this APIS Quality System Manual with minimal additional effort will be 

revised to be a 14 CFR Part 21 Subpart G, Production Certificate compliant 

quality system manual. 

Emivest’s single greatest hurdle in progressing from TC through Production 

Under TC Only, through its first issued APIS approval letter, dated 12-20-06, 

to obtaining a Production Certificate, is its inability to reach a suitable 

production rate. In the slightly over 5-year period, from TC issuance to date, 

Emivest has only produced 4 production aircraft; one of which was produced 

under Production Under TC Only provisions and the other three under the 

APIS approval letter. Throughout this period Emivest had encountered 

several financial challenges. These challenges precluded Emivest from 

smoothly and consistently operating its quality system and reaching a 

suitable production rate. As a result of these challenges, the FAA, rightly so, 

had informed Emivest that the FAA desired to have 3 to 5 aircraft smoothly 

and consistently produced through our quality system prior to Emivest 

embarking on the PC application process. 

Emivest is still currently overcoming its financial challenges and will not be 

able to demonstrate the above in a timely manner that will allow us to 

complete the PC application process prior to the effective date of the rule to 

which we seek exemption. 

Benefit to the Public: 

Emivest believes that there are primarily only two discreet subsets of the 

general public whom will be benefactors of a favorable ruling on this petition. 

The first subset of the general public who will be a benefactor from a 

favorable ruling on this petition are those individuals who have or commence 

a working relationship with the FAA San Antonio Manufacturing Inspection 

District Office; one that requires the expenditure of FAA resources. By 

Emivest being allowed to remain an APIS holder, Emivest will require less 

FAA production surveillance oversight, e.g., less FAA resources, as compared 

to a manufacturer producing products and/or parts thereof under Production 

Under Type Certificate. With Emivest requiring less FAA resources, the FAA 

can more effectively and efficiently expend its resources to support those 

individuals who have or commence a working relation with the FAA. Thus 

this subset of the general public will benefit from a favorable ruling of this 

petition. 
The second subset of the general public who will be a benefactor from a 

favorable ruling on this petition are Emivest customers. By being allowed to 

remain an APIS holder, Emivest will be able to, upon completion of all 

production and flight test activities, utilize DMIRs/DARs to issue the Standard 

airworthiness certificate and deliver the aircraft to its customer in a more 

timely fashion. Whereby, if Emivest is required to revert to back to 

Production Under Type Certificate, Emivest will have to wait for available FAA 

resources to issue the Standard airworthiness certificate and this will likely 

result in delays in delivering the aircraft to the Emivest customer. Thus this 

subset of the general public will benefit from a favorable ruling of this 

petition. 

Effect on Safety:

A favorable ruling on this petition will not adversely affect safety. Emivest 

will continue to ensure the products and parts thereof at the time of 

airworthiness determination do in fact conform to their approved design data 

and are in a condition for safe operation whether manufactured under 

Production Under Type Certificate or under APIS. 

Petition Summary: 

Docket No.: 

Petitioner: Emivest Aerospace Corporation 

Regulation 

Affected: 

14 CFR Part 21 Section 21.123(g) Amendment 21-92, 

Effective 4/16/2011 

Description of Relief 

Sought: 

Allowance to retain its Approved Production Inspection 

System (APIS) FAA production approval and not be 

required to revert back to Production Under Type 

Certificate while Emivest actively works towards and 

obtains its PC for the SJ30-2 jet.