{"id":"F2005B00979","name":"CASA 200/97 - Approval under subregulation 207(2)","slug":"casa-200-97-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32385,"registerId":"commonwealth-F2005B00979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 200/97 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 200/97\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, FRANK RICHARD HAMILTON GRIMSHAW, General Manager, Airworthiness Branch, CASA, a delegate of CASA, under subregulation 207 (2) of the Civil Aviation Regulations approve the operation of the aircraft bearing the nationality and registration marks VH-FMD 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 3 litre per minute at 10,000 feet altitude, increasing by .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 Frank Grimshaw\\]\n\nFRANK RICHARD HAMILTON GRIMSHAW\n\nGeneral Manager\n\nAirworthiness Branch\n\n19 August 1997","sortOrder":0}],"analysis":{"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. It has not grown beyond its original purpose; it was always intended to be a narrow, aircraft-specific exemption permitting alternative oxygen equipment for VH-FMD under specified conditions."},"complexity_factors":["Single, specific approval applying to one aircraft only (VH-FMD)","Only two substantive conditions, both clearly stated","No defined terms section","No cross-references to other legislation beyond one reference to Civil Aviation Orders section 108.26","Document is 1 page with straightforward conditional logic (if-then structure)","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This is a specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-FMD) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew.\n\n**What it does:**\nNormally, aviation regulations require oxygen masks that cover both the nose and mouth. This approval creates an exception for aircraft VH-FMD, permitting the use of nasal cannulas (small tubes that sit in the nostrils) instead—but only if two conditions are met:\n\n- **Flow rate requirement:** The Oxymizer units must deliver at least 0.3 litres of oxygen per minute at 10,000 feet altitude, with the flow rate increasing by 0.1 litres per minute for every 2,000 feet of additional altitude up to 18,000 feet.\n- **Backup requirement:** The aircraft must still carry traditional oxygen masks (nose-and-mouth covering type) that meet specific technical standards set out in the Civil Aviation Orders, and these must be available as required by those same orders.\n\n**Who it affects:**\n- The operator of aircraft VH-FMD\n- Passengers and crew on that specific aircraft who might need supplemental oxygen at high altitudes\n\n**Why it matters:**\nThis is a tailored safety approval. It allows the aircraft operator to use lighter, more comfortable nasal cannula oxygen systems while ensuring safety isn't compromised—by requiring minimum oxygen flow rates and maintaining traditional masks as a backup. It shows how aviation regulators can grant specific exemptions from standard rules when alternative equipment meets equivalent safety standards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the scope of the underlying Civil Aviation Regulations or the referenced Civil Aviation Orders. It grants an approval that is limited to a single, identified aircraft (VH-FMD) to operate with a specified nasal-cannula oxygen device (Oxymizer) subject to technical and cross-referenced CAO conditions. The effect is permissive and instrument-specific rather than a change to the general regulatory regime; it leaves the underlying regulatory requirements and standards in place (see instrument header, conditions (a) and (b))."},"complexity_factors":["Narrow, aircraft-specific scope (applies only to VH-FMD) which simplifies legal effect.","Technical performance condition: altitude-related oxygen flow-rate scaling (0.3 L/min at 10,000 ft rising 0.1 L/min per 2,000 ft to 18,000 ft) adds a measurable technical compliance requirement (condition (a)).","Cross-reference to external instrument (Civil Aviation Orders section 108.26, paras 6.1 and 5.1.2) requires consulting another document to fully determine compliance (condition (b)).","Delegated decision-making: approval granted by a CASA delegate under subregulation 207(2), indicating case-by-case administrative discretion.","Limited text and few provisions reduce statutory complexity but increase practical complexity for implementers who must verify device performance and CAO compliance."],"plain_english_summary":"What this instrument does (mechanically)\n\n- This is a formal CASA approval, signed by the General Manager, Airworthiness Branch, under subregulation 207(2) of the Civil Aviation Regulations (instrument CASA 200/97). It authorises the particular aircraft with registration VH-FMD to operate while fitted with a specific type of nasal-cannula individual oxygen dispensing unit sold under the name “Oxymizer”, subject to conditions in paragraphs (a) and (b) of the instrument.\n\nKey conditions set by the instrument\n\n- Flow-rate condition: The Oxymizer units used on VH-FMD must deliver at least 0.3 litres per minute at 10,000 feet, and the flow must increase by 0.1 litres per minute for each 2,000 feet of altitude above 10,000 feet, up to 18,000 feet. (See condition (a).)\n\n- Compatibility/back-up condition: Any other individual oxygen dispensing units carried for the aircraft that are designed to cover the nose and mouth must comply with paragraph 6.1 of section 108.26 of the Civil Aviation Orders and be provided in accordance with paragraph 5.1.2 of that section. (See condition (b).)\n\nWho this affects and who decides\n\n- The immediate legal effect applies to the owner/operator of the aircraft VH-FMD because they are permitted to operate that aircraft with the named Oxymizer units only if the stated conditions are met (instrument header and conditions (a) and (b)).\n\n- The approval is granted by a CASA delegate (the General Manager, Airworthiness Branch) exercising subregulation 207(2). That delegate decision is the legal authorisation that changes what equipment the specified aircraft may use.\n\nWhy CASA sets these conditions (stated purpose and practical effect)\n\n- The instrument explicitly allows a nasal-cannula type unit (Oxymizer) to be used on VH-FMD instead of (or alongside) other individual oxygen dispensing units, provided the Oxymizer meets the specified flow-rate profile at altitude (condition (a)). The instrument also requires that any other individual masks that cover nose and mouth meet existing Civil Aviation Orders standards and provisioning rules (condition (b)).\n\nPractical implications, incentives and trade-offs\n\n- Who pays and who implements: The aircraft owner/operator must supply oxygen units that meet the flow-rate profile and must ensure any mouth-and-nose masks comply with the referenced Civil Aviation Orders provisions. Those are implementation and compliance costs for the operator (conditions (a) and (b)).\n\n- Behaviour change: The operator is authorised to install and use Oxymizer nasal cannula units on VH-FMD, which may change how oxygen is delivered to occupants of that aircraft compared with standard masks, but only if the units meet the required flow-rate profile (condition (a)). Operators must continue to provide other approved masks that meet CAO requirements for situations where they are required (condition (b)).\n\n- Regulatory discretion and precedent: The instrument is a single-aircraft approval issued by a CASA delegate under a specific subregulation. That shows the regulatory decision is delegated and can be applied on an individual basis; the instrument itself does not change the underlying Civil Aviation Regulations or the referenced Civil Aviation Orders (instrument header and signature).\n\nCompliance burden and implementation risk\n\n- The operator must verify the Oxymizer’s flow-rate performance at the altitudes specified and must ensure any other individual oxygen units satisfy CAO section 108.26 paragraphs 6.1 and 5.1.2. Compliance requires either manufacturer data or testing and record-keeping by the operator. Failure to meet the conditions would remove the legal basis for operating VH-FMD with those units (conditions (a) and (b)).\n\n- Because the instrument references external CAO paragraphs for other unit standards (condition (b)), compliance requires consultation of those Civil Aviation Orders. That dependence on an external standard is a source of implementation complexity.\n\nEffects on private enterprise and choice (limited and instrument-specific)\n\n- The approval benefits the owner/operator of VH-FMD by allowing use of a named nasal-cannula device (Oxymizer) subject to technical conditions. This is a concentrated, instrument-specific benefit tied to complying with the conditions (instrument header and (a)).\n\n- The instrument does not itself alter competition, pricing, ownership, or broader market rules. It does not amend the Civil Aviation Orders; it only authorises a particular device on one registered aircraft under specified conditions. Operators of other aircraft would need their own approvals to rely on the same device unless other approvals exist.\n\nReference to source text\n\n- Approval issued under subregulation 207(2) of the Civil Aviation Regulations; signed by the General Manager, Airworthiness Branch (instrument header and signature).\n- Condition (a): flow-rate requirement for Oxymizer units.\n- Condition (b): requirement that other individual masks comply with paragraph 6.1 and be provided in accordance with paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders."}},"importantCases":[],"_links":{"self":"/api/acts/casa-200-97-approval-under-subregulation-207-2","history":"/api/acts/casa-200-97-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-200-97-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-200-97-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-200-97-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-200-97-approval-under-subregulation-207-2/documents"}}