{"id":"F2005B00566","name":"CASA 109/01 - Approval under subregulation 207(2)","slug":"casa-109-01-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32002,"registerId":"commonwealth-F2005B00566-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 109/01 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 109/01\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Acting Section Head, Systems, Certification Standards Branch, CASA, a delegate of CASA, under subregulation 207 (2) of the Civil Aviation Regulations 1988 approve the operation of the aircraft bearing the nationality and registration marks VH-FEM with nasal cannula type individual oxygen dispensing units manufactured under the name “Oxymizer”, providing that:\n\n(a) the units have a flow rate of not less than 03 litre per minute at 10,000 feet altitude, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet altitude; and\n\n(b) other individual oxygen dispensing units for use in the aircraft, that are designed to cover the nose and mouth, meet the requirements of paragraph 6.1 of section 108.26 of the Civil Aviation Orders and are provided in accordance with paragraph 5.1.2 of that section.\n\n\\[Signed E. Holzapfel\\]\n\nEugene Holzapfel\n\nActing Section Head, Systems\n\nCertification Standards Branch\n\n14 March 2001","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument itself grants a narrowly tailored, conditional approval for the single aircraft VH-FEM to operate with Oxymizer nasal-cannula oxygen devices subject to specified technical and cross-referenced CAO requirements (paras (a) and (b)). The instrument does not indicate any extension or narrowing beyond that stated approval, nor does it amend the underlying regulations; therefore there is no evidence in the text that the scope of the regulatory regime was changed from the instrument’s original, instrument-specific purpose."},"complexity_factors":["Narrow, aircraft-specific scope (applies only to VH-FEM).","Technical flow-rate rule with altitude-stepped increases (para (a)) requiring measurement/verification.","Cross-reference to external Civil Aviation Orders (section 108.26, paras 6.1 and 5.1.2) whose substantive requirements are not reproduced in the instrument (para (b)).","Delegated administrative approval under a specified subregulation (authority and discretion present).","Limited procedural detail on how compliance is demonstrated or enforced (need for consultation of other instruments)."],"plain_english_summary":"The Civil Aviation Safety Authority, via a delegate, authorises the specific aircraft VH‑FEM to carry and use the “Oxymizer” nasal‑cannula oxygen device provided each unit meets a specified altitude‑based flow‑rate schedule and any other nose‑and‑mouth oxygen units comply with listed Civil Aviation Order requirements. This is a narrow, delegated administrative approval that binds the aircraft operator to meet technical, procurement and maintenance costs and to demonstrate compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific individual approval instrument under subregulation 207(2) of the Civil Aviation Regulations 1988. Such instruments are inherently narrow in scope by design—they authorize specific exceptions for particular aircraft or operators. The instrument has not expanded beyond its original purpose; it precisely matches the intended function of a subregulation 207(2) approval, which is to grant case-by-case exemptions or approvals from standard requirements subject to conditions."},"complexity_factors":["Single purpose instrument: only approves one specific device on one specific aircraft","Only two operative conditions (paragraphs a and b)","Minimal cross-referencing: references only one regulation (subregulation 207(2)) and one Civil Aviation Orders section","No defined terms section","Technical but straightforward: specifies exact flow rates (0.3 L/min at 10,000ft, increasing 0.1 L/min per 2,000ft up to 18,000ft)","Short document: approximately 150 words of operative text"],"plain_english_summary":"This is a specific approval from Australia's aviation safety regulator (CASA) allowing a particular aircraft (registration VH-FEM) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew who need supplemental oxygen.\n\n**What it does:**\n- Permits the use of nasal cannula oxygen units (small tubes that sit in the nose) instead of the usual full face masks that cover nose and mouth\n- Sets strict technical requirements for how much oxygen these units must deliver at different altitudes\n- Requires backup: the aircraft must still carry traditional full face mask oxygen units that meet normal safety standards\n\n**Who it affects:**\n- The operator of aircraft VH-FEM\n- Passengers and crew on that specific aircraft who may need oxygen during flight\n\n**Why it matters:**\nNasal cannulas are generally more comfortable than full face masks, but aviation safety rules normally require full masks because they deliver oxygen more reliably. This approval allows an exception for this specific aircraft, provided the oxygen flow rates are carefully controlled and proper backup equipment is available. It's a tailored safety approval showing how aviation regulation balances passenger comfort with strict safety requirements."}},"importantCases":[],"_links":{"self":"/api/acts/casa-109-01-approval-under-subregulation-207-2","history":"/api/acts/casa-109-01-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-109-01-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-109-01-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-109-01-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-109-01-approval-under-subregulation-207-2/documents"}}