# NTSB ERA09LA233: Curtiss Wright P-40N, N740RB, Mastic Beach, NY, April 5, 2009 - Type: NTSB accident investigation - Classification: Accident · Fatal · Limited investigation · Final report - Date: April 5, 2009, 13:25 local (17:25 UTC) - Place: Mastic Beach, NY - Coordinates: 40.707221, -72.851387 (estimated) - Nearby events: https://openairdocs.org/map.md?lat=40.7072&lon=-72.8514&mi=10 - Phase of flight: [Maneuvering](https://openairdocs.org/ntsb-phases/450) (OpenAirDocs' grouping) - Defining event: [Maneuvering-aerobatics: Aerodynamic stall/spin](https://openairdocs.org/ntsb-events/241) - Highest injury: Fatal - Injuries: 1 fatal - Status: Completed, report April 22, 2010 - Report: Approved by Office Director - NTSB office: Eastern Region Aviation - Parties: FAA/FSDO - NTSB case key (mKey): 73601 - NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=ERA09LA233 - NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/73601/pdf - NTSB docket: https://data.ntsb.gov/Docket?ProjectID=73601 - Page: https://openairdocs.org/ntsb/ERA09LA233 ## Probable cause The pilot's failure to maintain adequate airspeed while performing aerobatics at low altitude. ## Findings NTSB's coded findings; those marked are part of the probable cause. - [Performance/control parameters: airspeed](https://openairdocs.org/ntsb-findings/01062010): Aircraft › Aircraft oper/perf/capability · Not attained/maintained (probable cause); cases with it: [Curtiss Wright P-40N, 1 case](https://openairdocs.org/ntsb-findings/01062010/cases.md?model=2622206), [All aircraft, 1,681 cases](https://openairdocs.org/ntsb-findings/01062010/cases.md) - [Use of equip/info: aircraft control](https://openairdocs.org/ntsb-findings/02063040): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Curtiss Wright P-40N, 1 case](https://openairdocs.org/ntsb-findings/02063040/cases.md?model=2622206), [All aircraft, 9,295 cases](https://openairdocs.org/ntsb-findings/02063040/cases.md) ## Sequence of events The events NTSB coded, in order, by phase of flight. The defining event best describes what happened. - [Maneuvering-aerobatics: Aerodynamic stall/spin](https://openairdocs.org/ntsb-events/241) (defining event); cases with it: [Curtiss Wright P-40N, 1 case](https://openairdocs.org/ntsb-events/241/sequence.md?model=2622206), [All aircraft, 1,529 cases](https://openairdocs.org/ntsb-events/241/sequence.md) - [Uncontrolled descent: Collision with terr/obj (non-CFIT) ](https://openairdocs.org/ntsb-events/470); cases with it: [Curtiss Wright P-40N, 1 case](https://openairdocs.org/ntsb-events/470/sequence.md?model=2622206), [All aircraft, 10,189 cases](https://openairdocs.org/ntsb-events/470/sequence.md) ## Analysis The pilot's son said that he and his father were an airshow "team," that the purpose of the flight was to practice aerobatics in their World War Two-era fighter, and that he would act as a "safety guide" from the beach with a handheld radio. The pilot's son stated that all communications with the accident airplane were "normal." The airplane entered a "half Cuban eight" maneuver at an estimated 250 to 260 mph and when the airplane was "in the middle of the Cuban eight it went into a spin." The pilot's son estimated that the airplane had slowed to 100 to 120 mph--which was, according to him, "too slow"--when the airplane entered the spin and lacked the altitude to recover before crashing into the sea. A former Army fighter pilot witness described a similar sequence of events and stated that he thought the pilot was attempting an "Immelman" turn and added, "I knew he was in trouble when he didn't complete the Immelman turn and went off on one wing. The plane made 4 to 5 revolutions and augured into the ocean." The witness stated that no parts departed the airplane at anytime during the flight or accident sequence. A third and fourth witness provided similar accounts. The wreckage was not recovered from the ocean. ## Factual narrative HISTORY OF FLIGHT On April 5, 2009, at 1325 eastern daylight time, an experimental Curtiss Wright P-40N, N740RB, collided with the Atlantic Ocean 1/4 mile off the shore of Mastic Beach, New York. The certificated commercial pilot was fatally injured. Visual meteorological conditions prevailed, and no flight plan was filed for the personal flight that departed Brookhaven Airport, (HWV), Shirley, New York, at 1309. The aerobatic flight was conducted under the provisions of 14 Code of Federal Regulations Part 91. In a written statement, the pilot's son said that he and his father were an airshow "team" and that the purpose of the flight was to practice aerobatics, and that he would act as a "safety guide" from the beach with a handheld radio. The pilot's son stated that all communications with the accident airplane were "normal." The airplane entered a "half Cuban eight" maneuver at an estimated 250 to 260 mph and when the airplane was "in the middle of the Cuban eight it went into a spin." The pilot's son estimated the airplane had slowed to 100 to 120 mph, which was "too slow," when the airplane entered the spin, and lacked the altitude to recover before crashing into the sea. In a written statement, a former Army fighter pilot witness described a similar sequence of events, and stated that he thought the pilot was attempting an "Immelman" turn and added, "I knew he was in trouble when he didn't complete the Immelman turn and went off on one wing. The plane made 4 to 5 revolutions and augured into the ocean." The witness stated that no parts departed the airplane at anytime during the flight or accident sequence. A third witness stated that he and his friends watched the airplane from the beach as it performed "tight turns and then a flip." He said, "The airplane flew upward, then turned down and started to spiral toward the water." A fourth witness stated, "It appeared that the aircraft was performing a loop. At the apex of the loop, the aircraft dropped straight down nose first." PERSONNEL INFORMATION A review of Federal Aviation Administration (FAA) records revealed the pilot held a commercial pilot certificate with ratings for airplane single-engine land, multiengine land, and instrument airplane. The pilot was issued a second-class medical certificate on January 14, 2009. The pilot reported 2,300 hours on that date. AIRCRAFT INFORMATION According to FAA records, the airplane was manufactured in 1944. Its most recent annual inspection was completed March 20, 2009, at 1,469 total aircraft hours. METEOROLOGICAL INFORMATION At 1256, the weather reported at HWV, 5 miles north of the accident site, included clear skies, 10 miles visibility, and wind from 310 degrees at 13 knots, gusting to 26 knots. The temperature was 13 degrees Celsius (C), and the dew point was -1 degrees C. WRECKAGE AND IMPACT INFORMATION The wreckage was observed by an FAA inspector from a boat, as it remained submerged. The wreckage had not yet been recovered, and was notexamined. MEDICAL AND PATHOLOGICAL INFORMATION The Office the Chief Medical Examiner for Suffolk County, New York, performed the autopsy on the pilot. The autopsy report indicated that the pilot died as a result of “blunt force trauma.” The FAA’s Bioaeronautical Sciences Research Laboratory, Oklahoma City, Oklahoma, performed toxicological testing of the pilot. Amlodipine was detected in the muscle and tissue. The pilot's most recent application for second-class airman medical certificate, dated 1/14/2009, noted that the pilot had "high blood pressure well controlled on Lotrel [amlodipine/benazepril]." ADDITIONAL INFORMATION The pilot was issued an FAA Certificate of Waiver or Authorization (FAA Form 711-1) to perform aerobatics in a "box" of defined dimensions off the coast of Mastic Beach, on April 3, 2009. In a written statement, the FAA inspector stated that the pilot failed to file a Notice to Airman (NOTAM), and did not notify the controlling air traffic facility to activate the box prior to beginning aerobatic activity, as required by the Certificate of Waiver. ## Aircraft - Registration: [N740RB](https://openairdocs.org/deregistered/N740RB-2013-05-30), registration cancelled 2013-05-30, S/N 44-7368, built 1944 (OpenAirDocs) - Reported make and model: CURTISS WRIGHT P-40N - Registry model: [Curtiss Wright P-40N](https://openairdocs.org/model/curtiss-wright-p-40n) (registry code 2622206) (OpenAirDocs) - Registry engine: [Amateur-built UNKNOWN ENG](https://openairdocs.org/engine/amateur-built-unknown-eng) (registry code 99999) (OpenAirDocs) - Category: Airplane - Serial number: 44-7368 - Airframe hours: 1469 - Engines: Allison V 1710 1460 horsepower reciprocating - Damage: Destroyed - Flight: Personal, Part 91 - Operator: Leestown Aviation Warhawk Inc - Registered owner: Leestown Aviation Warhawk Inc - Airworthiness certificate: Special, Experimental (Special) - Last inspection: Annual, March 20, 2009 - Departed: HWV, Shirley, NY - Destination: HWV, Shirley, NY ## Flight crew As NTSB recorded them. NTSB leaves out names. - Pilot; age 61; injuries: fatal; private, commercial; airplane ratings: single-engine land, multi-engine land; instrument ratings: airplane; medical: class 2, with waivers/limitations; seat: front; toxicology performed; flight hours: 2,300 total ## Weather - Conditions: Visual (VMC), Day - Wind: 310° at 13 knots, gusting 26 - Visibility: 10 statute miles - Lowest ceiling: none - Temperature: 55 °F, dew point 30 °F - Altimeter: 29.73 inHg - Observed at: HWV, 5 nm away ## Docket (8 files) The files NTSB released with the investigation on February 19, 2010, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=73601. 2.3 MB in all. - Witness Statements (item 1, .PDF, 229 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323831&FileExtension=.PDF&FileName=Witness%20Statements-Redacted.PDF - Description of Aerobatic Box (item 2, .PDF, 652 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323832&FileExtension=.PDF&FileName=Description%20of%20Aerobatic%20Box-Redacted.PDF - FAA Statement (Aerobatic Box) (item 3, .PDF, 13 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323833&FileExtension=.PDF&FileName=FAA%20Statement%20(Aerobatic%20Box)-Redacted.PDF - Maintenance Records (Excerpts) (item 4, .PDF, 274 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323834&FileExtension=.PDF&FileName=Maintenance%20Records%20(Excerpts)-Redacted.PDF - FAA Statement (Maintenance Records) (item 5, .PDF, 13 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323835&FileExtension=.PDF&FileName=FAA%20Statement%20(Maintenance%20Records)-Redacted.PDF - Radar plots (item 6, .PDF, 502 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323836&FileExtension=.PDF&FileName=Radar%20plots-Redacted.PDF - Site map (item 7, .PDF, 444 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323840&FileExtension=.PDF&FileName=Site%20map-Master.PDF - Toxicological Report (item 8, .PDF, 140 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40323837&FileExtension=.PDF&FileName=Toxicological%20Report-Master.PDF From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.