The Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness authority for Italy, notified the FAA that an unsafe condition may exist on Agusta A 109K2 helicopters. ENAC advises that checks/inspections are required to verify the presence of cracks on the blades, part number (P/N) 109-8132-01-107.\n \n\tAgusta has issued Alert Bollettino Tecnico No. 109K-35, dated May 13, 2003 (ABT), which specifies checks/inspections to verify the possible presence of cracks on the upper and lower surfaces of blades having accumulated 1,500 or more operating hours. ENAC classified this ABT as mandatory and issued AD N.2003-169, dated May 16, 2003, to ensure the continued airworthiness of these helicopters in Italy. \n\n\tThis helicopter model is manufactured in Italy and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, ENAC has kept the FAAinformed of the situation described above. The FAA has examined the findings of the ENAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. \n\n\tThis unsafe condition is likely to exist or develop on other Agusta Model A109K2 helicopters of the same type design registered in the United States. Therefore, this AD is being issued to detect fatigue cracks on the blades, which could result in loss of the blades and loss of control of the helicopter. This AD requires: \n\nVisually checking the upper and lower surfaces of the blades for cracks prior to each start of the helicopter engines. \n\nVisually inspecting the blades using a 5x or higher magnifying glass before the first flight of each day, and thereafter at intervals not to exceed 5 hours time-in-service (TIS), and anytime an increase in vibration levels occurs. \n\nInspecting the blades using a dye-penetrant methodafter each of the visual inspections in which you used a 5x or higher magnifying glass if you are unable to determine by the visual inspection whether there is a crack. \n\nReplacing any cracked blade with an airworthy blade before further flight. The actions must be done in accordance with the ABT described previously. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability and structural integrity of the helicopter. Therefore, the visual checks, visual inspections, dye- penetrant inspections, if necessary, and replacing any cracked blade are required before further flight or within 5 hours TIS, as indicated, and this AD must be issued immediately. \n\n\tThe visual check required by paragraph (a) of this AD may be performed by an owner/operator (pilot) holding at least a private pilot certificate, but must be entered into the aircraft records showing compliance in accordance with 14 CFR 43.11 and 91.417(a)(2)(v). This AD allows a pilot to perform this check because it involves only a visual check for a crack in a surface of the blade, and can be performed equally well by a pilot or a mechanic. \n\n\tThe unsafe condition described previously is likely to exist or develop on other helicopters of the same type design registered in the United States. Therefore, this AD is being issued to detect a fatigue crack on the blades, which could result in loss of the blades and loss of control of the helicopter. \n\n\tOn July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's AD system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. Because we have now included this material in part 39, we no longer need to include it in each individual AD. \n\n\tThe FAA estimates that this AD will affect 5 helicopters, and the inspections and replacement will take approximately 2.5 work hours to accomplish at an average labor rate of $60 per work hour. Required parts will cost approximately $20,000 per helicopter. Based on these figures, the total estimated cost impact of the AD on U.S. operators is $100,750, assuming all blades are replaced one time. \n\nComments Invited \n\n\tAlthough this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. \n\n\tComments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. \n\n\tCommenters wishing the FAA to acknowledge receipt of their mailed comments submitted in response to this \nrule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 2003-SW-26-AD.'' The postcard will be date stamped and returned to the commenter. \n\n\tThe regulations adopted herein will not have a substantial direct effect on the States, on the relationship between thenational Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. \n\n\tThe FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. \n\nList of Subjects in 14 CFR Part 39Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n§ 39.13 (Amended) \n\n2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: