Airworthiness Directives 2004 - Revocation and Remaking - McDonnell Douglas (Hughes) and Kawasaki 369 Series Helicopters

The central structural concept in the instrument is the administrative operation of revocation and re‑making. The instrument invokes a specific power in subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998 to revoke and to make Airworthiness Directives. The Schedule 1 attached to the instrument enumerates the specific ADs affected. The Note clarifies that the re‑made ADs are identical in substance to their latest published forms.

Airworthiness Directives in this Schedule are concerned with discrete airworthiness matters for McDonnell Douglas (Hughes) and Kawasaki 369 series helicopters. The Schedule demonstrates the range of subject matters that ADs can cover. Examples taken directly from the Schedule include structural inspections and modifications (for example "Aft Fuselage Skin - Inspection AD/HU 369/14", "Fuselage Structure, Forward Section - Modification AD/HU 369/33 Amdt 1"), rotor and transmission components (for example "Tail Rotor Drive System - Inspection AD/HU 369/17", "Main Transmission P/N 369A5100 Series - Modification AD/HU 369/10"), life limits and retirement policies ("Retirement Life - Fatigue Critical Components AD/HU 369/1 Amdt 16", "Life-limit of Pitch Control Components AD/HU 369/100") and numerous blade, hub, coupling and bearing related directives ("Main Rotor Blade - Inspection AD/HU 369/5", "Tail Rotor Hub - Inspection and Modification AD/HU 369/34 Amdt 1", "Tail Rotor Drive Shaft Couplings - Inspection AD/HU 369/46").

The Schedule’s notations also show maintenance in the AD corpus: many ADs are followed by amendment numbers (Amdt), indicating prior formal amendments to those ADs that are carried forward in the versions being re‑made. Several entries are marked "CANCELLED", and one entry expressly records supersession by another directive; these annotations are part of the administrative record of which ADs remain live or have been withdrawn or superseded.

The Note , "Each attached Airworthiness Directive is being re‑made in exactly the same form as appears in the latest published edition of the Directive" , establishes the instrument’s substantive restraint. It signals that the re‑making is intended to preserve existing operative requirements unchanged, while changing legal form or instrument status.

Finally, the instrument is limited in scope to the listed ADs for the specified helicopter series. It does not purport to amend the CASR itself or impose new, independent regulatory duties beyond the replication of the ADs listed. The source text supplies neither new compliance timelines nor changes in obligation substance; it provides only a record of revocation and separate re‑making.

The instrument affects multiple categories of parties by operation of the ADs it revokes and re‑makes. On the face of the document these include:

• Operators and owners of McDonnell Douglas (Hughes) and Kawasaki 369 series helicopters. The Schedule lists ADs that prescribe inspections, replacements, life limits, modifications and other airworthiness actions applicable to components and systems specific to the 369 series. Those persons responsible for ensuring the airworthiness of those helicopters are the natural practical addressees of the ADs’ obligations.

• Maintenance organisations and licenced maintenance personnel. The schedule contains directives that require hands‑on inspections, torque changes, replacement of parts, and installation of modifications (for example "Tail Rotor Swashplate Bearing Locknut - Inspection and Increase in Torque AD/HU 369/37", "Flexible Hose Assembly - Replacement AD/HU 369/36"). The performance and certification of that work will be undertaken by maintenance organisations and licenced engineers who must follow the text of each AD as re‑made.

• The Civil Aviation Safety Authority and its delegate. The instrument is signed by a CASA delegate exercising authority under subregulation 39.001 (1), which evidences regulator control over the issuance and record management of ADs. CASA will be responsible for publishing and maintaining the separate instruments and for communicating their continuing effect to the industry.

• Manufacturers and parts suppliers. Several ADs concern part numbers, specific component assemblies and life limits of components (for example "Main Transmission P/N 369A5100 Series - Modification AD/HU 369/10", "Main Transmission Output Shaft Assembly Ring Gear Carrier AD/HU 369/69 Amdt 1"). Where an AD mandates replacement parts or modified assemblies, manufacturers and suppliers are implicated as they provide the parts, service instructions, or repairs required.

• Airworthiness managers and compliance staff within operators and lessors. The change from whatever prior instrument form to separate instruments may alter administrative tracking and record keeping. The Note states that attached ADs are re‑made in the same form as the latest published edition, which implies that operational obligations remain in force and therefore record systems must be updated to reference the newly re‑made instrument identities.

The instrument does not itself delineate exemptions, rights to apply for relief, or procedural steps for contesting an AD. It does show that some ADs in the schedule are "CANCELLED" or identified as superseded, which will directly affect the relevant operators and maintenance providers who relied on those cancelled directives. The source text does not identify any new categories of affected persons beyond those referenced by the content and subject matter of the ADs listed in Schedule 1.

The instrument’s operative language is narrowly focused: it revokes the ADs listed in Schedule 1 and re‑makes each as a separate instrument. The key duties and rights therefore flow from the individual ADs that are re‑made rather than from the revocation instrument itself.

Duties

• Compliance with each re‑made AD where it applies. The Note states that each attached AD is re‑made in exactly the same form as the latest published edition of the Directive. That indicates the substantive obligations, including required inspections, replacements, life‑limits and modifications listed in those AD texts, continue to be the duties of whoever is the subject of each AD (for example operators, maintenance organisations). The instrument does not alter those substantive duties.

• Administrative duty to reference and use the newly re‑made instruments when maintaining records and demonstrating compliance. The instrument changes the legal form in which the ADs exist by making each a separate instrument; this imposes an administrative obligation on affected parties to ensure their compliance records, maintenance logs, and continuing airworthiness management documents refer to the correct, current instrument.

• Attention to cancelled or superseded ADs listed in Schedule 1. Several entries are explicitly annotated "CANCELLED" or note supersession. Parties must take care to note which ADs are no longer operative (for example AD/HU 369/3 is marked "CANCELLED"; AD/HU 369/28 is shown as "CANCELLED AD/HU 369/28 Amdt 4" and there is a line about supersession by DCA/HU 369/28D in relation to AD/HU 369/29).

Rights

• The instrument preserves the textual content of each AD as published. The Note asserts that the re‑made ADs are identical to the latest published editions. For parties affected, this provides legal predictability that the revocation and re‑making process does not alter the substantive obligations or relaxation of obligations contained in the latest published AD text.

• Procedural clarity through separation of instruments. Where previously the ADs may have been listed in a consolidated schedule, the re‑making "as separate instruments" creates singular AD documents that can be accessed and cited independently. This is a right to clearer documentary reference. The instrument text itself does not institute any procedural appeal right or provide any process for seeking exemptions; those processes, if any, would be set out elsewhere or in the text of the individual ADs.

Matters not specified in this instrument

• The instrument does not specify compliance timeframes, remedial actions or variance processes. Those details are left to the contents of the attached ADs which are stated to be unchanged. The instrument also does not specify sanctions or enforcement mechanisms; it confines itself to revocation and re‑making.

In short, the instrument preserves existing substantive obligations in the ADs while changing their legal form to separate instruments. The immediate duty on affected parties is to continue to comply with the requirements in the ADs and to update administrative records to reflect the re‑made instruments. The instrument itself creates no new substantive duties or rights beyond that replication.

The instrument as reproduced contains no express penalty provisions nor does it set out a detailed enforcement procedure. The delegate acts under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998, but the instrument itself only records the revocation and re‑making of the listed ADs; it contains no separate enforcement or penalty clauses.

Practical enforcement implications derive instead from the operative content of the individual ADs that have been re‑made. The Note affirms that each attached AD is re‑made in exactly the same form as appears in its latest published edition. Any enforcement measures, sanctions, or inspection powers referenced in those AD texts remain the operative enforcement framework. The revocation and re‑making instrument does not itself add, remove or alter those enforcement provisions.

Because this instrument does not list penalties:

• Parties are not able to identify new or different sanctions from this instrument alone. To establish whether a contravention triggers administrative or punitive consequences, readers must inspect the text of the re‑made ADs, and the broader Civil Aviation Safety Regulations or other statutory instruments that allocate enforcement powers and penalties.

• The instrument records that some ADs are "CANCELLED" or superseded; where an AD is cancelled the enforcement focus will shift to whichever AD is the applicable authority, if any, as indicated in the Schedule notes. For example the Schedule records cancellation and supersession notations in several entries; the enforcement consequences of those changes are contingent on the operative ADs and the regulatory framework that governs compliance.

• The instrument does not itself identify the effective date for enforcement. The document is dated 20 December 2004; absent contrary provision in the attached ADs, that date is the signature date of the delegate and may be the date from which the re‑making is recorded. However, the instrument does not expressly specify commencement or transitional arrangements for compliance enforcement.

Because the instrument is limited to administrative revocation and re‑making, parties seeking to establish the precise enforcement regime and penalty exposure must consult the individual re‑made ADs and the enabling Civil Aviation Safety Regulations. The instrument provides the administrative step and record that those operative AD texts remain in force in the same form as their last published editions.

This document expressly engages the enabling statutory framework by invoking subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998 as the source of the delegate’s power to revoke and make Airworthiness Directives. The instrument therefore sits beneath that regulatory authority and is an exercise of delegated regulatory power. Beyond that explicit link, the instrument’s interactions with other laws are recorded in its Schedule annotations and in the Note, rather than in new legal provisions.

Interplay with other ADs and instruments

• The Schedule includes entries that are annotated "CANCELLED" and one entry that states explicit supersession ("CANCELLED - Superseded by DCA/HU 369/28D - CANCELLED AD/HU 369/29"), which demonstrates direct interaction between this instrument and other ADs or regulatory instruments. Those notations indicate a chain of instrument relationships where one AD has been withdrawn or replaced by another instrument. Users must therefore read this instrument together with the relevant replacement or superseding AD to determine the current operative requirements.

Relation to enabling regulation

• The delegate’s authority is expressly grounded in subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998. The instrument does not purport to amend the Civil Aviation Safety Regulations themselves; it is an exercise of power provided by them. Any limits, procedural requirements, or review rights that the CASR supplies remain the governing legal architecture for how ADs are made, revoked, amended or enforced.

Absence of cross‑referencing to other Acts

• The instrument contains no express cross‑references to other Acts beyond the enabling subregulation. It does not, for example, purport to modify statutory liability, alter insurance obligations or change civil contract rights directly. Where ADs may affect contractual relations (for example obligations to maintain an aircraft under lease), any interaction with contract law would occur by operation of parties’ agreements referencing compliance with applicable airworthiness directives; this instrument preserves the textual content of the ADs and thereby maintains whatever contractual interplay exists.

Administrative law and reviewability

• The instrument does not itself set out appeal, review or merits review pathways. Any right to challenge the delegate’s action would be determined by the enabling legislation and general administrative law principles. The instrument does not state whether the decision to revoke and re‑make is subject to internal review or merits review. The scope for judicial review or other remedies is not addressed in the instrument itself.

Record‑keeping and publication interactions

• The re‑making of ADs as separate instruments will change how ADs are cited and accessed in CASA’s records and publications. The instrument’s Note that the attached ADs are identical to the latest published editions implies an administrative interaction between this instrument and CASA’s publication processes for ADs. Parties must consult CASA’s publication channels to locate the separately re‑made ADs as their primary legal texts.

In sum, the instrument expressly operates under a specific CASR subregulation, interacts with other ADs by cancelling or acknowledging supersession where annotated in the Schedule, and preserves existing textual content that may have contractual, regulatory and enforcement interactions elsewhere. The document itself does not introduce new cross‑statutory changes.

The instrument is dated 20 December 2004 and its title indicates the action is "Airworthiness Directives 2004 - Revocation and Remaking - McDonnell Douglas (Hughes) and Kawasaki 369 Series Helicopters". The Schedule lists many ADs, and the entries record prior amendment numbers for many ADs, for example "AD/HU 369/1 Amdt 16", "AD/HU 369/2 Amdt 1", "AD/HU 369/31 Amdt 2", and others. Those amendment annotations in the Schedule reflect the preexisting amendment history of the individual ADs as they stood immediately before this revocation and re‑making action.

This revocation and re‑making instrument does not itself amend the substance of those ADs. The Note is categorical: "Each attached Airworthiness Directive is being re‑made in exactly the same form as appears in the latest published edition of the Directive." That language indicates that the instrument is intended as an administrative consolidation or conversion of existing ADs into separate instruments without substantive amendment.

Where the Schedule shows "Amdt" followed by a number, that number is part of the prior historical record of modifications to the named AD. The re‑making is of the "latest published edition", which necessarily means that the latest amendments up to the date of re‑making are included in the re‑made AD. The instrument therefore carries forward the amendment history incorporated into those latest published texts.

The Schedule also records cancellations and supersession. Examples in the Schedule include:

• "CANCELLED AD/HU 369/3" which shows a prior AD number has been cancelled and is included in the Schedule only as a record of revocation and re‑making status.
• A line noting "CANCELLED - Superseded by DCA/HU 369/28D - CANCELLED AD/HU 369/29" which records both cancellation and supersession relationships between ADs.

This instrument itself is an amendment to the record status of the ADs rather than an amendment to their substantive content. It updates the legal form (separate instruments) and the public record by revoking the previous form and remaking the ADs in the identical textual form as the most recent published versions. There is no text in the instrument that purports to make further amendments or to prescribe future amendment procedures.

No subsequent amendments to this instrument are recorded in the source text provided. The instrument’s date and signature establish the administrative step taken on 20 December 2004. Any further amendment of the ADs would be undertaken through separate AD instruments or subsequent regulatory action; this instrument’s role is the archival and formal re‑issuance at that point in time.

The source text contains no reference to litigation, legal challenges, judicial review proceedings, or dispute outcomes arising from this instrument or the ADs listed in Schedule 1. The instrument is narrowly administrative: it records the revocation and re‑making of ADs, and it does not include any narrative about prior or pending litigation.

Because the instrument does not include litigation references, no case names, decisions, or litigation timelines can be stated on the basis of the source text. Any litigation history concerning particular ADs, their contents, or compliance disputes would need to be sought from court records, tribunal records, or CASA’s own administrative records; such materials are not part of this instrument as published.

Where the Schedule records cancellation and supersession of certain ADs, those are administrative changes and do not, in this document, indicate litigation as the cause. The instrument does not purport to summarise reasons for revocation, reasons for cancellation, or any contested matters; it simply records the administrative actions and the status of each listed AD.

In short, the instrument contains no litigation history. To establish whether any of the included ADs were the subject of litigation one would need to consult external case law databases or CASA’s files, neither of which are reproduced or summarised in the source text.

Several practical surprises and potential pitfalls flow from the instrument’s shape and limited content. These are matters the source text itself supports and that users should treat as points of care.

1. Identical content does not mean no operational impact. The Note says each attached AD is re‑made in exactly the same form as the latest published edition. That preserves substantive obligations, but changing the instrument from possibly a consolidated listing to separate instruments can affect citation, record keeping and compliance tracking. Organisations that reference ADs by document location, citation method, or consolidated schedules must update their procedures to reference the newly re‑made, separate AD instruments.

2. Cancellations and supersessions are recorded inside the Schedule and may be easy to miss. The Schedule includes entries annotated "CANCELLED" and a supersession note for one AD. If a maintenance programme continues to rely on a now cancelled AD, that will create confusion. The instrument itself does not provide a consolidated, plain language map of which ADs remain operative versus cancelled; the Schedule entries must be read carefully.

3. The instrument does not include the text of the attached ADs in the reproduced excerpt. The instrument states the ADs are attached and re‑made, but the version provided here does not include those attachments. A user cannot determine specific compliance obligations, deadlines, workmanship standards, required parts or variance processes from this instrument alone. Practitioners must consult the actual attached AD texts or CASA’s publication of those separate ADs to get operative detail.

4. Administrative timing and effective dates are not separately stated. The instrument is dated and signed on 20 December 2004. It does not expressly state a commencement date for each re‑made AD beyond that signature date. Where an individual AD contains its own compliance timeframe or commencement provision, that will govern. Absent those, the date of signature may be used as the administrative marker for the change in instrument form. Do not presume a uniform commencement mechanism for all re‑made ADs without checking each AD’s text.

5. Record‑keeping and evidence of compliance must be updated to the new instrument references. Maintenance records that cite the previous consolidated AD format may fail to demonstrate compliance if auditors or enforcement officers expect references to the separate, re‑made AD instrument identifiers. Practitioners should convert historical records to show continuing compliance against the re‑made instrument where necessary.

6. The instrument is silent about appeals, relief, or alternative means of compliance. If a party wishes to pursue an alternative method of compliance, an exemption or a variation, the instrument does not describe the process. Those processes, if available, will be specified either in the text of the individual ADs or in the broader regulatory framework.

7. The Schedule contains many entries with amendment numbers. Those amendment histories must be matched against the re‑made versions. Where an AD is listed as "Amdt 4" or "Amdt 16", the re‑made AD incorporates that amendment. Practitioners should verify they are using the re‑made AD that incorporates the latest amendment, rather than an earlier edition.

8. Multiple stakeholders are implicated but the instrument names only the delegate. The signatory is the CASA delegate. The instrument does not record any consultation steps, industry notices, or transitional assistance. The absence of those details means affected parties must proactively check CASA’s AD publication channels for guidance.

In sum, the instrument cleans up legal form without changing substance, but that form change can cause administrative and compliance friction if it is not recognised and acted upon.

The instrument itself does not set substantive compliance tasks beyond its administrative action. Complying in practice therefore requires action oriented to the re‑made ADs and to CASA’s record management. Steps supported by the source text are as follows.

1. Locate the re‑made AD instruments as attached or published by CASA. The instrument’s Note indicates that each attached AD is re‑made in exactly the same form as the latest published edition. To determine the operative content and any compliance timescales, obtain the full text of each re‑made AD that applies to your aircraft from CASA’s published list of ADs or the attachments to this instrument.

2. Map re‑made ADs to your fleet and maintenance programmes. The Schedule names ADs covering a wide range of components and systems in the 369 series (examples include main rotor blades, tail rotor drive systems, transmission components, fuel systems and life‑limits). For each AD applicable to your specific serials and configurations, determine the required actions, inspection intervals, parts, and torque or replacement directives contained in the AD text.

3. Update documentation and records to reference the separate instrument identifiers. Because the instrument converts ADs into separate instruments, maintenance logs, continuing airworthiness records and airworthiness directives checklists should cite the re‑made AD instrument references rather than any prior consolidated reference. This is important for auditability and for demonstrating compliance in oversight or enforcement contexts.

4. Review cancelled and superseded entries. The Schedule includes entries marked "CANCELLED" and one supersession note. Cross‑check whether any ADs you have previously complied with are now cancelled or superseded, and ensure that compliance is aligned with the currently operative AD (the re‑made AD or the superseding AD as appropriate).

5. Retain evidence of prior compliance and of continuity of compliance. Because the re‑making preserves the textual content, previous compliance actions should remain valid, but administrative proof that those actions were performed against the re‑made instrument will aid any audit. Where records cite prior AD forms, append explanatory notes or cross references to the re‑made AD instrument identifiers.

6. Verify parts and approved modifications. Where a re‑made AD requires replacement parts (for example "Main Transmission P/N 369A5100 Series - Modification AD/HU 369/10") or specific part numbers, confirm parts availability and that any replacement or modification work meets the specifications cited in the AD text.

7. Ensure maintenance personnel are instructed on any torque, inspection or life‑limit requirements. The Schedule lists directives such as "Tail Rotor Swashplate Bearing Locknut - Inspection and Increase in Torque AD/HU 369/37" and "Life-limit of Pitch Control Components AD/HU 369/100". Make sure technicians understand the specific technical instructions that appear in the re‑made ADs.

8. Monitor CASA publications for any further amendments. The instrument re‑makes ADs in their latest published form as of 20 December 2004. Additional amendments, cancellations or superseding ADs may follow. Implement a process to monitor CASA’s AD publications for subsequent changes and to update maintenance and compliance documentation accordingly.

9. Seek formal guidance where the AD text is ambiguous. The instrument does not create a dispute resolution or variance process. If an AD’s requirements are unclear, seek clarification from CASA or the procedures described in the AD text. Keep a record of any formal clarifications provided.

10. Treat the instrument date as an administrative milestone. The instrument is signed 20 December 2004. While operability details are in each AD, use the instrument date as the point at which the administrative conversion to separate instruments occurred and check whether any transitional compliance steps were necessitated at that time.

These steps follow directly from the instrument’s content: the revocation and re‑making operation, the Note preserving identical text, and the Schedule’s listing of ADs, amendment numbers and cancellation notations. The critical compliance action is to read and follow the full text of each re‑made AD as published by CASA, and to update administrative and maintenance systems to reflect the separate instrument form.