{"id":"F2005B00543","name":"CASA 228/02 - Approval under subregulation 207 (2)","slug":"casa-228-02-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31969,"registerId":"commonwealth-F2005B00543-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 228/02 - Approval under subregulation 207 (2)","content":"INSTRUMENT NUMBER: CASA 228/02\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, 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-CDN 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\nSection Head, Systems\n\nCertification Standards Branch\n\n2 April 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is an individual approval for a named aircraft and a named device under the existing regulatory power of subregulation 207(2). It does not amend or broaden the Regulations; it authorises a specific operational configuration (use of Oxymizer nasal-cannula units on VH-CDN) subject to the stated conditions. The functional scope of regulation remains unchanged; this instrument implements an instance of delegated approval rather than a change to the regulatory scope."},"complexity_factors":["Narrow, aircraft-specific scope (single registration VH-CDN) reduces systemic complexity.","Technical condition: altitude-dependent oxygen flow-rate schedule (0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft to 18,000 ft) requires technical verification and possible testing procedures (paragraph (a)).","Cross-reference to Civil Aviation Orders (paragraph 6.1 of section 108.26 and paragraph 5.1.2) requires users to consult external technical provisions (paragraph (b)).","Delegated authority framework (approval under subregulation 207(2)) concentrates discretion in CASA delegates rather than setting general regulatory change.","Absence of expressed enforcement, monitoring, or record-keeping procedures in the instrument creates operational uncertainty about compliance mechanisms."],"plain_english_summary":"What this instrument does (mechanically)\n\n- This is an approval, issued by a CASA delegate under subregulation 207(2) of the Civil Aviation Regulations 1988, that permits the aircraft with registration VH-CDN to operate while carrying a specific type of nasal-cannula oxygen device sold under the name “Oxymizer”. The approval is conditional. (See the instrument heading and operative paragraph.)\n\n- Condition (a) requires that the Oxymizer units deliver at least 0.3 litres per minute of oxygen at 10,000 feet altitude, and that the flow rate increase by 0.1 litre per minute for each additional 2,000 feet up to 18,000 feet. (See paragraph (a).)\n\n- Condition (b) requires that any other individual oxygen dispensing units used in the aircraft which are designed to cover nose and mouth must meet paragraph 6.1 of section 108.26 of the Civil Aviation Orders and must be provided in accordance with paragraph 5.1.2 of that section. The instrument therefore relies on those Civil Aviation Orders for technical and provisioning requirements for face-covering units. (See paragraph (b).)\n\nWho decides and who pays\n\n- Who decides: a CASA delegate (Eugene Holzapfel signed this instrument) used authority under subregulation 207(2) to grant the approval. The legal authority cited is subregulation 207(2). The approval is specific to the named aircraft registration. (See instrument heading and signature.)\n\n- Who pays: the aircraft operator or owner of VH-CDN must obtain and supply the Oxymizer units that meet the specified flow-rate conditions, and must ensure any other face-covering oxygen units comply with the cited Civil Aviation Orders. The instrument does not provide funding or specify who bears maintenance or testing costs; those responsibilities fall to the operator by implication of supplying compliant equipment. (See paragraphs (a) and (b).)\n\nWhat behaviour changes and what discretion exists\n\n- Behaviour change permitted: the operator of VH-CDN may use the Oxymizer nasal-cannula units in place of other oxygen delivery systems, provided the units meet the altitude-based flow-rate condition in (a) and any other face-covering units meet the CAO requirements stated in (b).\n\n- Discretion and limits: this is a case-specific approval for one aircraft registration and one named device. It does not amend the Regulations. Enforcement and future approvals remain within CASA’s delegated authority under subregulation 207(2). The instrument itself does not specify monitoring, testing protocols, record-keeping, or penalties; those enforcement details would follow from the Regulations and Civil Aviation Orders referenced. (See instrument heading and paragraphs (a) and (b).)\n\nOfficial purpose-claim and an operational test against costs and incentives\n\n- The instrument’s explicit purpose is to permit operation of VH-CDN while using Oxymizer nasal cannula units subject to technical and CAO-compliance conditions. That is stated directly in the operative text. (See instrument heading and operative paragraphs.)\n\n- Costs and incentives implied by the instrument: the operator must procure and maintain devices that meet the stated flow-rate profile and must ensure any face-covering oxygen units comply with CAO paragraphs cited in (b). Verifying that flow rates meet the altitude-based schedule will require technical testing or certification of equipment, creating a compliance cost for the operator. Because the approval is limited to a single registration and a named device, the direct benefit is concentrated (owner/operator of VH-CDN), while other operators who want to use similar equipment would need their own approvals. The instrument does not alter market rules or provide broader authorisation for other operators or devices. (See paragraph (a) and (b).)\n\nTrade-offs, implementation risk and substitution effects (source-grounded)\n\n- Trade-offs and opportunity costs: the operator may substitute nasal-cannula Oxymizer units for other oxygen delivery devices, potentially changing procurement and maintenance choices. The instrument does not state supply-side effects, price impacts, or funding; any such effects would depend on operator decisions in the market.\n\n- Implementation risk and compliance burden: ensuring the units meet the altitude-dependent flow-rate requirement (a) and the CAO requirements (b) is an operational burden. The instrument does not set test methods, inspection frequency, training or record-keeping; those are matters for CASA and the referenced Civil Aviation Orders to enforce. The narrow, aircraft-specific nature concentrates compliance and verification on that operator. (See paragraphs (a) and (b).)\n\nSummary sentence\n\n- In short, this instrument is a narrowly framed CASA approval allowing the named aircraft VH-CDN to operate using Oxymizer nasal-cannula oxygen units, subject to a specified altitude-based minimum flow-rate schedule and to existing Civil Aviation Orders for face-covering oxygen units. (See instrument heading and paragraphs (a) and (b).)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific individual approval instrument issued under subregulation 207(2) of the Civil Aviation Regulations 1988. Such instruments are inherently narrow in scope, applying only to the specific aircraft (VH-CDN) and specific equipment (Oxymizer nasal cannula units) named in the approval. The scope has not expanded beyond this original limited purpose."},"complexity_factors":["Single-purpose instrument with one operative provision","Only two conditional requirements (paragraphs a and b)","No defined terms section","Single cross-reference to Civil Aviation Orders (section 108.26)","No nested exceptions or complex conditional logic","Length: approximately 150 words of substantive content"],"plain_english_summary":"This document is a **specific approval** issued by the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-CDN) to use a specific type of oxygen delivery device called an \"Oxymizer\" during flight.\n\n**What it does:**\n- Normally, aviation oxygen equipment must cover both the nose and mouth. This approval permits the aircraft to use **nasal cannula** devices (small tubes that sit in the nostrils) instead.\n- The approval comes with **strict conditions**:\n  - The Oxymizer units must deliver oxygen at specific flow rates that increase with altitude (starting at 0.3 litres per minute at 10,000 feet, rising by 0.1 litres per minute for every 2,000 feet up to 18,000 feet)\n  - The aircraft must still carry backup oxygen masks that cover the nose and mouth, and these must meet specific technical standards set out in the Civil Aviation Orders\n\n**Who it affects:**\n- The operator of aircraft VH-CDN\n- Passengers and crew using supplemental oxygen on this specific aircraft\n\n**Why it matters:**\nNasal cannulas are generally more comfortable and convenient than full face masks, but they have different safety characteristics. This approval allows an exception to the usual rules, but only because specific safety conditions are met to ensure adequate oxygen delivery at altitude."}},"importantCases":[],"_links":{"self":"/api/acts/casa-228-02-approval-under-subregulation-207-2","history":"/api/acts/casa-228-02-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-228-02-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-228-02-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-228-02-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-228-02-approval-under-subregulation-207-2/documents"}}