December 2, 2010

RAR10QALTR013

U.S. Department of Transportation Docket Management System

400 7 th 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 factin 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 primar ily 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 publ ic 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 th e 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 bene fit 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 Ce rtificate 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 producti on 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.