Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p113
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 113/182)
Character Range: 436147–439148

satisfied that:
 (a) the requirements mentioned in subregulation (4) are met; and
 (b) the design complies with the applicable airworthiness standards for the design.
 (2A) For paragraph (2)(b), CASA is taken to be satisfied that a design complies with the applicable airworthiness requirements for the design if an approved design organisation has given CASA a certificate to that effect under subregulation 21.420(5).
 (3) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that:
 (a) the requirements mentioned in subregulation (4) are met; and
 (b) the design does not comply with the applicable airworthiness standards for the design; but
 (c) for each standard with which the design does not comply—the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard.
 (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 CASA has given notice to the applicant under subregulation 21.430(1)—the applicant has complied with subregulations 21.430(2), (3) and (4); and
 (c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and
 (d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use.
Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.

21.436  Application to authorised person or approved design organisation—non‑compliance with applicable airworthiness standards: determination of equivalent level of safety
 (1) This regulation applies if:
 (a) an application for a modification/repair design approval is made to an authorised person or approved design organisation; and
 (b) the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards.
 (2) If the authorised person or approved design organisation is approved to make an equivalent level of safety determination, the authorised person or approved design organisation must:
 (a) determine whether the non‑compliance is compensated for by factors that provide an equivalent level of safety; or
 (b) apply to CASA for a determination under subregulation (6) of whether the non‑compliance is compensated for by factors that provide an equivalent level of safety.
 (3) If the authorised person or approved design organisation determines that 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)