CHI00FA284

NTSB accident investigation · Beech K35 · Manitowish Watr, WI · September 2, 2000

Accident · FatalField investigationFinal report
Date
September 1, 2000, 22:10 local (Sep 2, 2000, 03:10 UTC)
Place
Manitowish Watr, WI
Injuries
2 fatal, 2 serious, 1 minor
Damage
Destroyed
Phase of flight
Approach
Aircraft
N3076CBeech K35
Weather
Instrument (IMC) · Night/dark
Status
Completed · report January 2, 2002
Report
Approved by Office Director
FAA report
20000901037209A
Case key
50197

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

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Probable cause

the pilot not maintaining altitude/clearance from the trees during an approach on a dark, low overcast night, the pilot's improper use of an IFR procedure without clearance, and the pilot's improper in-flight decision to attempt an IFR approach without clearance. Factors were the local weather being below published minimums, the trees, and the dark night.

Sequence of events

NTSB’s coding before 2008: each occurrence and phase of flight, and the causes and factors under it. The codes are defined in NTSB’s coding manual.

In flight collision with objectApproach
Object - tree(s)Factor
Operation with known deficiencies in equipment - continuedPilot in command
Weather condition - below approach/landing minimumsFactor
Ifr procedure - improper use ofPilot in commandCause
Light condition - dark nightFactor
Altitude/clearance - not maintainedPilot in commandCause
In-flight planning/decision - improperPilot in commandCause
In flight collision with terrain/waterDescent - uncontrolled

Analysis

The airplane was destroyed on impact with trees and terrain during an approach. The pilot and one passenger were fatally injured. The flight originated on an IFR clearance to VFR conditions on top. The flight acknowledged radar termination but continued to squawk 0106. A witness heard a crash about 2210 and said the ceiling was low and overcast. A front passenger stated she thought the pilot was performing an IFR approach and it was a normal approach. She said that she saw the runway lights. She stated that she remembers hitting something and the pilot saying, "OH NO, OH NO." She said that the pilot was using the emap GPS. A rear seat passenger was interviewed. He stated that during the flight from GRB to D25, the airplane was flying above clouds. He said that he saw runway lights, heard a rumbling or growling sound, like "RRRRRahRRRRRahRRRRR." He and another rear seat passenger both stated that the pilot said, "It's not working, it's not working." He said that the sound occurred about 300 feet or about a minute prior to hitting. The front passenger said that she was not aware of the pilot's conversation that the rear seat passengers heard. The sky condition was 400 feet overcast. The airport's NDB and GPS approach landing minima weather section listed 700 [feet ceiling]-1 [statute mile visibility] and 500-1 respectively. A clearance was not issued to the flight to perform an approach. The ADF's switch was found in the off position. The fuel selector's sump valve, spring, and screen were found coated with a brown colored media. Control continuity was established to all flight surfaces. Control continuity was established to the engine. A Garmin emap handheld GPS was found near the wreckage. A handheld radio, marked, JD-200, was found near the wreckage. A spray can, marked "HEET Starting Fluid", was found in the wreckage. The FAA CAMI report stated CHLORPHENIRAMINE and ACETAMINOPHEN were detected. The engine was test run and it produced full power. A radio shop witness said that the airplane's installed radio and GPS were inoperative.

Factual narrative

History of flight

On September 1, 2000, at 2210 central daylight time, a Beech K35, N3076C, piloted by an instrument rated private pilot, was destroyed on impact with trees and terrain on approach to runway 32 at Manitowish Waters Airport (D25), near Manitowish Waters, Wisconsin. The personal flight was operating under 14 CFR Part 91. Instrument meteorological conditions prevailed at the time of the accident. An IFR to VFR conditions on top clearance was requested for the flight. The clearance was issued and was terminated. Of the five people on board, the pilot and one passenger were fatally injured, two passengers sustained serious injuries, and one passenger sustained minor injuries. The flight originated from Austin Straubel International Airport (GRB), near Green Bay, Wisconsin at 2035.

The Green Bay Air Traffic Control Tower's chronological summary of flight listed the following:

[2028]- N3076C requested IFR clearance to VFR conditions on top northwest bound at 6500. N3076C was issued a clearance and told to maintain 3000.

[2030]- N3076C read back the clearance and was issued taxi to runway 6.

[2035]- N3076C called ready for takeoff and was cleared for takeoff to fly heading 360.

[2037]- Tower controller asked N3076C his destination, replied Manitowish Waters. Controller issued clearance limit of Clintonville and was instructed to proceed on course.

[2038]- N3076C was instructed to contact departure control.

[2041]- N3076C was issued climb to 10,000 and he replied he just broke out at 3000 and would climb to 3500. N3076C was questioned if he was canceling his IFR and the reply is not readable.

[2047]- Controller tried to terminate radar service but no reply.

[2048]- N3076C acknowledged radar termination but continued to squawk 0106.

A witness stated:

At or near the time above [2210 to 2220] my wife [and] me were in our bedroom with the windows open. We heard a crash. She asked me if I heard it and I say yes. We heard no aircraft motor noise at any time. We are about 6-800 feet from the center line of the approach path. With the weather as it was one wouldn't expect an airplane. Cars hitting deer and other noises are heard quite often so we weren't [concerned]. I did look out at the road [and] woods and seen no fire so we discounted the noise of the crash.

He further said that the ceiling was low and overcast at the time of the crash.

A relative of the pilot called Green Bay Automated Flight Service Station and reported that the flight had not landed at D25.

On September 2, 2000, at about 0723, a Vilas County Deputy was dispatched to locate an overdue airplane for the Green Bay Flight Service. The deputy's report stated:

Dispatch advised that the airplane was due to land at the Manitowish Waters Airport at 11:00 p. m., where they were not contacted of a confirmed landing. ... Upon my arrival at the main entrance of the airport (approximately 08:20), Vilas Dispatch advised that the Civil Air Patrol had found a believed to be survivor (Josiah) from the missing plane, wandering in a grass covered field area, just south of the paved runway to the airport. ... I was directed to the area where Civil Air Patrol (CAP) was attempting to receive a fixed telemetry signal from the planes emergency transmitter. We were joined a few minutes later by some members of the Manitowish Waters Fire Department, where we spread out and began a woods search in the area which CAP directed the search to begin in. The area of the search was conducted in a heavily wooded area, that was located South East of the main approach to the black-top runway. With-in a few minutes of the ground search, one of the Manitowish Waters Fire Department personnel, yelled out that he had located the plane crash site, and there was some survivors that were in need of medical assistance.

A passenger was seated in the right front seat and she was interviewed in a local hospital after the accident. She stated that she thought the pilot was performing an IFR approach and that it was a normal approach. She said that she saw the runway lights. She stated that she remembers hitting something and the pilot saying, "OH NO, OH NO." She said that the pilot was using the emap GPS. She was asked if anything was wrong with the engine and she stated, "No."

A rear seat passenger was interviewed. He stated that during the flight from GRB to D25, the airplane was flying above clouds. He said that he saw runway lights, heard a rumbling or growling sound, like "RRRRRahRRRRRahRRRRR." He and another rear seat passenger both stated that the pilot said, "It's not working, it's not working." He said that the sound occurred about 300 feet or about a minute prior to hitting.

The front passenger said that she was not aware of the pilot's conversation that the rear seat passengers heard.

Personnel information

The pilot was an instrument rated private pilot. He held a Second Class Medical Certificate. The application for that medical certificate was dated March 2, 2000. On that application, the pilot listed his total pilot time to date as 1,300 hours. The pilot's flight review was conducted on February 15, 2000.

Aircraft information

The airplane was a Beech K35, serial number D-5741. The airplane was found modified with Supplemental Type Certificate (STC) SA1698NM. STC SA1698NM listed the specifications for the installation of a Lycoming IO-540-K1A5 engine and Hartzell propeller. The airplane logbooks were reviewed. The last recorded annual inspection was dated November 15, 1999. The entry for that annual listed the airplane's total time as 5,009 hours and its tachometer time as 1,620 hours. The tachometer read 1,657.01 hours at the accident site. The airframe logbook entry prior to the annual was dated October 15, 1998. That entry stated, "NOTE!! 2 YR TRANSPONDER CHECK IS PAST DUE, SO TRANSPONDER IS NOT LEGAL TO USE EVEN FOR VFR. [Mechanics name and his certificate number]"

Meteorological information

At 2217, the Lakeland/Noble F. Lee Memorial Field, near Minocqua, Wisconsin, weather was: Wind 040 degrees at 3 knots; visibility 10 statute miles; sky condition overcast 400 feet; temperature 14 degrees C; dew point 14 degrees C; altimeter 30.12 inches of mercury.

Aids to navigation

Two approaches were published for D25. The approaches are NDB RWY 32 and GPS RWY 32. The NDB landing minima section for aircraft approach category A and B straight in approach to runway 32 listed a minimum decent altitude (MDA) of 2,300 feet Mean Sea Level (MSL) and one mile visibility. This approach listed a 700 feet ceiling and one mile as its weather minimum. The GPS landing minima section for aircraft approach category A and B straight in approach to runway 32 listed a MDA of 2,080 feet MSL and one mile visibility. This approach listed a 500 feet ceiling and one mile visibility as its weather minimums. A clearance was not issued to the flight to perform either of these approaches.

Wreckage and impact information

The airplane was found in a wooded area approximately 1,475 feet south of runway 32's threshold. (See appended sketch.) The airplane came to rest at latitude 46 degrees 6.88 minutes N and longitude 89 degrees 52.59 minutes W. Trees were found uprooted and broken along a linear path that was about 280 feet long and its magnetic bearing was about 320 degrees. The trees along this path were about 60 feet tall. The airplane's resting heading was 162 degrees.

An on-scene investigation was conducted. The forward section fuselage was found deformed. This section was crushed upward and rearward. The cabin area was twisted towards the left. The cabin door was found detached from the fuselage. The upper and right fuselage sections were found wrinkled inward in the area aft of the baggag

Aircraft

Registration
N3076C
Reported as
Beech K35
Category
Airplane
Serial number
D-5741
Airframe hours
5,046
Engine
Lycoming IO-540-K1A5, 300 horsepower, reciprocating
Damage
Destroyed
Flight
Personal · Part 91
Registered owner
Kevin M. Penniman
Airworthiness certificate
Standard, Normal
Last inspection
Annual · November 15, 1999 · 37 hours before
Departed
GRB · Green Bay, WI
Destination
D25
Airport
D25 · Manitowish Waters Airport, runway 32, 3,500 × 60 ft, asphalt

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Flight crew

As NTSB recorded them. NTSB leaves out names.

Role
Pilot
Age
36
Certificate
Private
Airplane ratings
Single-engine land
Instrument ratings
Airplane
Medical
Class 2, Valid Medical--no waivers/lim.
Seat
Left
Toxicology
Performed
Flight hours
1,300 total

Weather

Conditions
Instrument (IMC) · Night/dark
Wind
40° at 3 knots
Visibility
10 statute miles
Lowest ceiling
400 ft overcast
Temperature
135 °F, dew point 135 °F
Altimeter
30.00 inHg
Observed at
ARV, 13 nm away

FAA reports on this event · 1

The FAA’s own accident and incident reports, matched to the aircraft by N-number and date.