DEN04LA055

The pilot checked in with the air traffic control center and was cleared to Flight Level 350. Approximately 28 minutes into the flight the pilot told the center that his right underwing fuel tank was not transferring fuel and that he needed to declare an emergency. The controller asked the pilot where he wanted to proceed. the pilot responded with his intended destination. Two minutes later, radar contact with the airplane was lost. Shortly following the loss of radar contact, the center began tracking several targets that fanned out to the northwest and east of the airplane's last recorded position. The airplane wreckage was discovered 2 days later in a crater approximately 3.5 nautical miles northwest of the last radar return. An examination of recovered components showed that the two underwing fuel tanks separated from the airplane prior to its impact with the ground. The examination also showed that components associated with the airplane's cockpit area were subjected to a fire of short duration and low temperature. No other anomalies were found.

History of flight

On March 25, 2004, at 0728 mountain standard time, a Mikoyan Gurevich MiG-17, N508M, piloted by an airline transport certificated pilot, was destroyed when it departed controlled flight and subsequently impacted terrain 18 miles north-northwest of Truth or Consequences, New Mexico. Visual meteorological conditions prevailed at the time of the accident. The personal flight was being conducted under the provisions of Title 14 CFR Part 91. An instrument flight rules (IFR) flight plan was on file and activated. The pilot was fatally injured. The cross-country flight originated at Roswell Industrial Airport (ROW), Roswell, New Mexico, at 0659, and was en route to the Phoenix Deer Valley Airport (DVT), Phoenix, Arizona.

At 0645, the pilot contacted the ROW Air Traffic Control Tower (ATCT) by telephone. He was issued an IFR clearance to DVT. At 0653, the pilot contacted the ROW ground controller and was issued taxi instructions to runway 21. At 0658, the pilot contacted the local controller and was issued takeoff clearance and departure instructions. At 0703, the pilot was handed off to Albuquerque Air Route Traffic Control Center (ZAB).

The pilot checked in with ZAB and reported passing 11,000 feet for 17,000 feet. The ZAB controller advised the pilot to expect a higher altitude when he is clear of traffic at flight level (FL) 180. The pilot acknowledged and then asked if he was cleared direct to the Truth or Consequences VORTAC (TCS). The controller instructed the pilot to join Jet Route 85 (J85).

At 0704:13, the pilot requested a vector and informed the controller that he was not receiving TCS or the Chisum VORTAC. The controller instructed the pilot to fly his present heading. The controller then informed the pilot that he was not receiving his altitude readout and asks if he is at 17,000 feet. The pilot responded that he was climbing though 14,000 feet.

At 0705:40, the ZAB controller told the pilot to turn two degrees to the right and to proceed direct TCS when able. The controller also instructed the pilot to climb and maintain FL310.

At 0711:57, the ZAB controller instructed the pilot to climb and maintain FL350 and to change radio frequencies. The pilot acknowledged and read back the clearance and frequency change.

At 0713:05, the pilot checked in with the new ZAB sector controller and reported he was climbing through FL280. The controller advised the pilot that he was not receiving the airplane's altitude readout. The controller instructed the pilot to report reaching FL350. The pilot acknowledged.

At 0716:29, ZAB radar showed the airplane passing through 30,000 feet mean sea level (msl). At the same time, the airplane's transponder Mode C altitude reporting showed the airplane begin a gradual descent.

At 0720:35, the pilot reported he was level at FL350.

At 0720:53, ZAB radar showed the airplane level at approximately 37,000 feet msl. The airplane's Mode C altitude reporting showed the airplane level at 26,200 feet msl.

At 0724:56, the controller told the pilot to expect an amendment to his routing. The controller then told the pilot to fly direct to the San Simone VORTAC and then the SUNSS FIVE arrival into DVT.

At 0726:01, the pilot stated, "An uh - - - five zero mike uh I'm probably gonna need to declare an emergency at this time. I've got a uh right drop tank that appears not to be transferring." The controller asked the pilot where he wanted to proceed. The pilot responded, "Truth or Consequences uh direct Deer Valley." The controller then told the pilot that he was cleared as requested and asked, "... and you say you are declaring an emergency?" The pilot responded, "Affirmative."

At 0726:27, the controller said, "Okay and uh you came through a little broken, say again the nature of the emergency." The pilot responded, "Fuel transfer."

At 0727:22, the controller said, "Five zero eight mike contact Albuquerque center one three three point zero or two eight one point five." The pilot responded, "One three three point zero, five zero eight mike."

At 0727:35, the airplane's Mode C altitude reporting was 26, 800 feet msl and an airspeed of 391 knots.

At 0728:04, ZAB radar contact with the airplane was lost. At the time contact was lost, the airplane was at 33 degrees, 21.30 minutes north latitude, 107 degrees, 16.86 minutes west longitude at an altitude of 27,600 feet msl and an airspeed of 317 knots. Just before contact was lost, the airplane showed an approximate gain in altitude of 800 feet. Following the loss of radar contact with the airplane, ZAB radar began tracking several secondary targets that fanned out to the northwest and east of the airplane's last recorded position.

At 0729:24, the controller asked another sector controller, "... reference that five zero eight mike, uh did we have an intermittent transponder?" The other controller said he did not.

At 0729:28, the ZAB controller stated that he lost the airplane's transponder.

At 0730:15 on, ZAB controllers tried to raise the pilot on several different radio frequencies. They received no response.

Search and rescue was initiated by ZAB. An alert notification was issued for the missing airplane.

New Mexico State Police Search and Rescue teams located the airplane's impact crater and wreckage on March 27, 2004, at approximately 0930. The accident site was located approximately 3.5 nautical miles northwest of the last radar return.

Personnel information

The pilot, age 50, held an airline transport pilot certificate with single-engine, multi-engine, and instrument airplane ratings. The pilot also held a flight engineer certificate.

The pilot had a first class medical, dated September 27, 2003. The medical certificate cited the limitation that the pilot must wear corrective lenses. According to the pilot's aeromedical records, at the time of his most recent flight physical examination, the pilot reported having 5,950 hours total civilian flying time and 400 hours of flying time within the previous 6 months.

In a letter to the Federal Aviation Administration (FAA) Louisville, Kentucky, Flight Standards District Office, dated October 16, 2000, requesting a Letter of Authorization in the MiG-17, the pilot reported having 2,649 additional flying hours, from his service with the United States Marine Corps. In the letter he cited having 8,569 hours total flying hours.

The pilot was issued a Letter of Authorization (LOA) to act as pilot-in-command (PIC) in the MiG-17 on October 19, 2000.

FAA airman records showed that the pilot applied for renewal of his LOA on November 26, 2003. The pilot reported having 13,000 total flying hours. A letter from the Kentucky, Flight Standards District Office, dated December 1, 2003 renewed the pilot's authorization to act as PIC in the MiG-17 through December 31, 2005.

Aircraft information

The airplane, serial number 1J0508, was registered as a 1963 Mikoyan Gurevich MiG-17. The airplane was manufactured in Poland in 1963 as a PZL-WSK LiM-6 BIS for the Polish Air Force as an air-to-air fighter and interceptor airplane.

The airplane, at the time of the accident, was registered to G Max, Incorporated, Louisville, Kentucky. The airplane was owned and operated by the pilot for use as a flying exhibition airplane for airshows.

The airplane was purchased by Phoenix Warbirds, Incorporated, from a company in Poland in July 1993, and shipped to the United States the same year, where it was reassembled. The airplane was stored at Coolidge, Arizona, until it was purchased by a private owner in November 1996. The airplane was registered in the "Experimental" category as N508M on February 1, 2001.

According to an airframe and powerplants (A&P) mechanic who had previously worked on the airplane, the airplane underwent an annual condition inspection in March 2003.

Wreckage and impact informa