{"id":"F2005B00727","name":"CASA 309/98 - Approval under subregulation 207(2)","slug":"casa-309-98-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32189,"registerId":"commonwealth-F2005B00727-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 309/98 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 309/98\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, DAVID ALAN VILLIERS, Acting 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‑FNK 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 D.A. Villiers\\]\n\nDavid Alan Villiers\n\nActing General Manager\n\nAirworthiness\n\n17 August 1998","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend or repeal existing regulations; it grants a targeted approval under subregulation 207(2) for the specific aircraft VH‑FNK to operate with Oxymizer nasal cannula units subject to stated conditions. It does not broaden regulatory scope beyond permitting that device on the named aircraft and requires compliance with existing Civil Aviation Orders for other types of units (conditions (a) and (b))."},"complexity_factors":["Single‑aircraft specificity: approval applies only to registration VH‑FNK, limiting scope but requiring aircraft‑specific compliance checks.","Technical flow‑rate formula: altitude‑dependent minimum flow (0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft up to 18,000 ft) requires measurement or certification of device performance (condition (a)).","Cross‑references to other regulatory material: condition (b) relies on paragraph 6.1 and paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders, creating dependency on external provisions for full compliance.","Administrative discretion: a CASA delegate issued the approval under subregulation 207(2), which implies case‑by‑case administrative judgment and record‑keeping obligations (signature block).","Operational verification burden: verifying on‑aircraft fit, provision, and documentation imposes practical steps for operators and maintenance personnel (conditions (a) and (b))."],"plain_english_summary":"What this instrument does\n\n- Grants a specific approval to operate the aircraft with registration VH‑FNK using nasal‑cannula individual oxygen dispensing units sold under the name “Oxymizer” (opening line: “approve the operation of the aircraft bearing the nationality and registration marks VH‑FNK with nasal cannula type individual oxygen dispensing units manufactured under the name ‘Oxymizer’”).\n\nConditions that must be met\n\n- Flow‑rate requirement: the Oxymizer units must deliver at least 0.3 litres per minute at 10,000 feet, and the required flow must increase by 0.1 litre per minute for every 2,000 feet up to 18,000 feet (condition (a)).\n- Alternative units: any other individual oxygen dispensing units installed that are designed to cover the nose and mouth must meet 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 (condition (b)).\n\nWho this affects\n\n- The aircraft operator or operator’s agents for VH‑FNK: they are the primary parties who can use these approved devices on that specific aircraft, and who must ensure the devices meet the stated technical and documentary requirements (approval applies to the named aircraft; see opening line and conditions (a) and (b)).\n- Maintenance and airworthiness staff: they must verify device performance and conformity with the stated flow rates and the referenced Civil Aviation Orders when preparing the aircraft for operation (see conditions (a) and (b)).\n- Flight crew and passengers: the approval governs what oxygen dispensing equipment may be carried and used on board VH‑FNK.\n\nWhy this matters (mechanics, incentives and trade‑offs)\n\n- Legal effect: the instrument is a targeted approval under subregulation 207(2) of the Civil Aviation Regulations allowing a specific device (Oxymizer) to be used on a named aircraft subject to technical conditions (opening line; condition (a)). This creates a lawful pathway to operate with that device on VH‑FNK where the specified performance and documentary conditions are met.\n- Who decides: the approval is made by a CASA delegate (signed by the Acting General Manager, Airworthiness), showing that an administrative delegate exercised regulatory discretion in a case‑specific way (signature block: D.A. Villiers, Acting General Manager, Airworthiness).\n- Who pays / who bears compliance costs: the aircraft operator will bear the direct costs and administrative work required to procure, install, test and document compliant Oxymizer units or compliant mask‑type units, because operation is only lawful if the device meets the stated flow rates and the Civil Aviation Orders references (conditions (a) and (b)).\n- Compliance burden and verification: compliance requires (i) measuring or otherwise demonstrating that units deliver the specified flow profile with altitude (condition (a)), and (ii) confirming conformity with external technical requirements in section 108.26, paragraphs 5.1.2 and 6.1 (condition (b)). The approval therefore depends on both on‑aircraft verification and cross‑reference to other regulatory material.\n- Implementation risk and bureaucratic reliance: the approval ties permissible equipment to a named device and to other sections of the Civil Aviation Orders. That creates reliance on the accuracy and applicability of those external paragraphs for enforcement and verification (condition (b)).\n- Behavioural effect and substitution: the approval permits the operator of VH‑FNK to use nasal‑cannula Oxymizer units instead of (or alongside) mask‑type units, subject to the stated technical conditions; operators who wish to use different equipment must ensure those alternatives meet the referenced CAO requirements (condition (b)).\n\nPractical, mechanical summary\n\n- You can lawfully operate VH‑FNK with Oxymizer nasal cannula units only if the devices meet the altitude‑graded flow‑rate schedule in condition (a), and any other nose‑and‑mouth covering units comply with the specified CAO paragraphs in condition (b). The approval is signed and dated by the Acting General Manager, Airworthiness (D.A. Villiers, 17 August 1998)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard single-aircraft approval instrument issued under subregulation 207(2) of the Civil Aviation Regulations. It has not expanded beyond its original purpose of granting a specific exemption/approval for one aircraft registration with specific equipment. The scope remains tightly constrained to the original regulatory intent."},"complexity_factors":["Single-purpose administrative instrument (one aircraft, one specific device)","Only two operative conditions with clear numerical thresholds","No defined terms section","No cross-referencing to other legislation beyond two specific paragraph references","Straightforward conditional logic (approval granted IF conditions met)","Length: approximately 150 words of operative text"],"plain_english_summary":"**What this document does:**\n\nThis is a specific approval issued by the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH‑FNK) to use a specific type of oxygen delivery device called an \"Oxymizer\" — a nasal cannula that delivers oxygen through small tubes inserted into the nostrils.\n\n**Who it affects:**\n\n- **The aircraft operator** of VH‑FNK (a specific plane)\n- **Pilots and passengers** who might need supplemental oxygen at high altitudes\n\n**The conditions:**\n\nCASA approved this device only if two rules are followed:\n\n1. **Flow rate requirements:** The Oxymizer must deliver at least 0.3 litres of oxygen per minute when flying at 10,000 feet, and this must increase by 0.1 litres per minute for every 2,000 feet of additional altitude up to 18,000 feet.\n\n2. **Backup requirement:** The aircraft must also carry traditional oxygen masks that cover both nose and mouth (meeting specific technical standards in the Civil Aviation Orders), ensuring passengers have an alternative if the nasal cannula doesn't work for them.\n\n**Why it matters:**\n\nNormally, aviation regulations require oxygen masks that cover the nose and mouth. This approval creates an exception for VH‑FNK, allowing the use of lighter, more comfortable nasal cannulas — but only with strict safety conditions to ensure adequate oxygen delivery at altitude and proper backup equipment."}},"importantCases":[],"_links":{"self":"/api/acts/casa-309-98-approval-under-subregulation-207-2","history":"/api/acts/casa-309-98-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-309-98-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-309-98-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-309-98-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-309-98-approval-under-subregulation-207-2/documents"}}