Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p114
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 114/182)
Character Range: 438893–441937

the non‑compliance is compensated for by factors that provide an equivalent level of safety, the authorised person or approved design organisation must give CASA written notice of the following:
 (a) that the design does not comply with the standard;
 (b) that the non‑compliance is compensated for by factors that provide an equivalent level of safety;
 (c) how the non‑compliance is compensated for.
 (4) If CASA receives a notice under subregulation (3), CASA must:
 (a) decide whether or not CASA agrees with the determination; and
 (b) give the authorised person or approved design organisation written notice of its decision.
 (5) If the authorised person or approved design organisation is not approved to make an equivalent level of safety determination, the authorised person or approved design organisation must apply to CASA for a determination of whether the non‑compliance is compensated for by factors that provide an equivalent level of safety.
 (6) If CASA receives an application under paragraph (2)(b) or subregulation (5), CASA must:
 (a) determine whether the non‑compliance is compensated for by factors that provide an equivalent level of safety; and
 (b) give the authorised person or approved design organisation written notice of CASA's determination.

21.437  Grant of modification/repair design approvals—grant by authorised person or approved design organisation
 (1) This regulation applies if an application for a modification/repair design approval is made to an authorised person or approved design organisation.
 (2) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if the authorised person or approved design organisation is satisfied that:
 (a) the requirements mentioned in subregulation (4) are met; and
 (b) the design complies with the applicable airworthiness standards for the design.
 (3) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if:
 (a) the authorised person or approved design organisation is satisfied that the requirements mentioned in subregulation (4) are met; and
 (b) the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards for the design; but
 (c) for each standard with which the authorised person or approved design organisation is not satisfied that the design complies:
 (i) the authorised person or approved design organisation has made, and CASA has agreed with, a determination under paragraph 21.436(2)(a) that the non‑compliance is compensated for by factors that provide an equivalent level of safety; or
 (ii) CASA has made a determination under subregulation 21.436(6) that the non‑compliance is compensated for by factors that provide an equivalent level of safety.
 (4) For paragraphs (2)(a) and (3)(a), the requirements are that:
 (a) the applicant has complied with regulations 21.420 and 21.425; and
 (b) if the authorised person or approved design organisation has