(1) This regulation applies to the design if:
(a) the application is made to CASA; and
(b) the design is for a modification of, or repair to:
(i) an aircraft that is type certificated in the restricted category; or
(ii) an aircraft mentioned in subregulation 21.185(3A); and
(c) CASA is satisfied that a proposed airworthiness standard for the design is inappropriate for the purpose for which the aircraft is to be used.
(2) CASA may determine that the airworthiness standard does not apply to the design.
(3) CASA must give the applicant written notice of the
determination.