BFO93FA135

Opening act was for 3 jumpers to exit from jump-plane (j/p) at 3500' AGL; 2 jumpers were to join at 2000' to display flag, while 3rd jumper was to circle above. N90BC & N31485 were to circle jumpers in opposite directions. N90BC was to circle clockwise, outside turn radius of N31485, which would circle counterclockwise. When 2 of 3 jumpers exited from j/a, pilot of N31485 banked left into spiral, apparently unaware of 3rd jumper. 3rd jumper delayed until N31485 was clear, then jumped as j/a continued on same heading. Photo showed N90BC was to the right & at an undetermined distance behind N31485 as 1st 2 jumpers exited. After 3rd jumper exited, he & N90BC collided. N90BC was damaged, went out of control & crashed. After accident, some participants of preshow briefing did not recall a 3rd jumper being mentioned, although others remembered. 3rd jumper was not present for preshow briefing, but ac 91-45C allowed for only 1 member from each team to attend preshow briefing, then brief other team members.

History of flight

On Saturday, July 24, 1993, at 1300 eastern daylight time, a Christen Eagle II, N90BC, owned, operated, and piloted by Mary J. McGrath of Colchester, Vermont, collided with a parachutist during the opening act of an airshow over the Lebanon Airport in Lebanon, New Hampshire. The pilot and parachutist were fatally injured. The airplane was destroyed. Visual meteorological conditions prevailed at the time of the accident. The flight was conducted under 14 CFR Part 91. The airshow was operating under an aviation event waiver issued by the Federal Aviation Administration (FAA).

On July 25, 1993, two jumpers from the airshow's opening act were interviewed. The jumpers stated that their planned opening routine consisted of three jumpers deploying from the jump airplane at 3,500 feet above ground level (agl). Two jumpers would join together at 2,000 feet agl and display the American Flag, while a third jumper circled above. One of the jumpers stated that the act was planned in advance and there were no last minute additions to the act.

During an interview after the accident, the pilot of the Pitts S 2S, N31485, who also participated in the opening act, stated that he and the pilot of N90BC (the accident airplane) discussed the opening act routine after the required preshow briefing. He stated that they both agreed they would take off after the jump airplane and fly to the right of the jump airplane prior to the start of the opening act. The pilot of N31485 also stated that he said to the pilot of N90BC that she should "...fly in a line abreast position on my right wing at a comfortable distance..." while observing the jumpers deploy, maintaining both visual contact and separation from the jumpers.

The pilot of N31485 stated that during the opening routine, he was to remain in close proximity to the jumpers while the pilot of N90BC would fly the right wing position until breaking formation to circle the jumpers. Once the two jumpers were joined up after deploying from the jump airplane, the two biplanes would then break away from each other and turn on their smoke machines. N90BC was to circle the jumpers in a clockwise direction outside the track of N31485, while N31485 circled the jumpers in a counter clockwise direction. The two biplanes would continue to fly opposing, descending spirals around the jumpers until the end of the act.

The pilot of N31485 stated that during their private discussion after the preshow briefing, he and the pilot of N90BC reviewed emergency procedures and alternate plans in the event that something went wrong during the set up for the opening act. He stated that if one airplane was not in proper position at the beginning of the act, the procedure was for the out of position airplane to depart the area until the completion of the act. He also stated that during their discussion, he did not reference a specific number of jumpers that were to be involved in the opening act and only used the word "stack" as a reference to the jump team.

The pilot of N31485 stated that after the airplanes were airborne and about four minutes prior to the jumpers deploying from the airplane, N90BC passed his airplane and the jump airplane and then turned right, away from both the airplanes. The pilot of N31485 stated that as N90BC passed both airplanes, the pilot of N90BC made a comment over the radio. The Lebanon Air Traffic Control tower tape revealed, at 1655:39, the pilot of N90BC stated over the radio, "It would have been nice if I had (unintelligible) this." (See attached tower tape transcript.)

During an interview with the jump airplane's pilot, he stated that he too saw N90BC pass N31485 and his airplane and then turn right. Both the jump airplane pilot and the pilot of N31485 stated that they assumed the pilot of N90BC turned the airplane right to circle back to get in the "briefed" position, which was "...abreast and to the right..." of the Pitts. The jump airplane pilot stated that he did not see N90BC again. The pilot of N31485 said he looked over his right shoulder and saw N90BC flying in the opposite direction and did not regain visual contact with N90BC for the duration of the act.

According to the tower tape, at 1700:14, about four minutes and 35 seconds after N90BC turned away from the other airplanes, the pilot of the jump airplane stated over the tower frequency, "Tower tower jumpers are about fifteen seconds away fifteen seconds." At 1700:29, the pilot of N90BC stated over the tower frequency, "Don you call it when I break right okay." At 1700:39, the jump airplane pilot announced, "Jumpers are away jumpers are away." At 1700:42, the pilot of N31485 stated, "Okay Mary you can break right." For the duration of the act, no other transmissions were made from the act participants, except for one transmission made at 1701:28, by the pilot of N31485, who queried the position of N90BC.

The pilot of N31485 stated that as soon as he saw the two jumpers deploy from the airplane, he initiated a left banking turn into a spiral. He said he continued to fly the predetermined maneuvers but did not release smoke from his airplane, as briefed, because he did not know the location of N90BC. A photograph taken seconds after the first two jumpers were deployed from the jump airplane revealed N90BC was to the right and behind N31485 at an undetermined distance.

The pilot of the jump airplane stated that the first two jumpers departed the airplane and the third jumper did not immediately follow the other two jumpers. He stated the third jumper was standing in the door ready to jump when the jumper leaned backward and hesitated. The pilot stated that he thought that was "strange" so he looked over his shoulder to the jump door. The pilot stated that he saw the red Pitts (N31485) under the jump airplane prior to the deployment of the third jumper. He stated that when N31485 was clear of the jump airplane, the third jumper jumped.

Two videos of the airshow taken during the time of the accident were compiled and reviewed. One video tape began with two jumpers deployed from the jump airplane and N31485 banked in a left counter clockwise turn on the left side of the jump airplane. N90BC was behind and to the right of both the jump airplane and the two deployed jumpers at an undetermined distance. N90BC appeared to be flying outside the same path as N31485 and was turning left in a counter clockwise direction. The jump airplane's track continued to move in a straight line. As time progresses, the straight track of the jump airplane and the counter clockwise turn of N90BC, placed N90BC inside and to the left of the jump airplane's position where N90BC collided with the third jumper. During the collision, the video shows the third jumper with his parachute deployed but not open.

After the collision, the second video showed N90BC in an uncontrolled descent towards the ground with smoke trailing the airplane. Spectators at the airshow reported seeing N90BC falling to the ground about one mile west of the airport near the Mascoma River. The video also showed the third jumper floating towards the ground with his reserve parachute deployed. The third jumper landed inside the airshow's "show line" boundary.

Personnel information

The pilot of N90BC received her renewal of Statement of Acrobatic Competency from the FAA on June 25, 1993. According to FAA records, FAA Forms 8710.7, Application for Statement of Acrobatic Competency, the pilot had flown in 19 air shows since July 8, 1990. The last airshow the pilot participated in was held in Burlington, Vermont, on September 20, 1992. The commercial pilot's log book showed that she had a total of 2,254 flight hours.

Two of the three jumpers were licensed through the United States Parachute Association (USPA). The parachutist that was fatally injured did not have a license, nor was it a requirement under 1