# NTSB NYC94LA142: Arthur Chase EAA Biplane, N35AE, North Canaan, CT, July 31, 1994

- Type: NTSB accident investigation
- Classification: Accident · Minor injuries · Limited investigation · Final report
- Date: July 31, 1994, 12:45 local (16:45 UTC)
- Place: North Canaan, CT
- Location: 42.0223° N, 73.2936° W: Placed by OpenAirDocs: center of Town of North Canaan, CT, within about 6 miles (OpenAirDocs)
- Nearby events: https://openairdocs.org/map.md?lat=42.0223&lon=-73.2936&mi=10
- Phase of flight: [Initial climb](https://openairdocs.org/ntsb-phases/350) (OpenAirDocs' grouping)
- Highest injury: Minor injuries
- Injuries: 1 minor
- Status: Completed, report April 5, 1995
- Report: Approved by Office Director
- NTSB case key (mKey): 38805
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=NYC94LA142
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/38805/pdf
- Page: https://openairdocs.org/ntsb/NYC94LA142

## Probable cause

The pilot's inadequate preflight inspection that failed to detect water contaminated fuel and which resulted in a loss of engine power. The inadequately designed fuel drain system was also a cause.

## Sequence of events

In NTSB's coding before 2008 (https://www.ntsb.gov/GILS/Documents/codman.pdf).

- Loss of engine power(total) - nonmechanical, takeoff - initial climb
  - fuel system,drain - inadequate (cause)
  - preflight planning/preparation - inadequate, pilot in command (cause)
- Forced landing, descent - emergency
- In flight collision with object, maneuvering - turn to landing area (emergency)

## Analysis

THE AIRPLANE WAS ON TAKEOFF CLIMB AT 400 TO 500 FEET AGL WHEN THE ENGINE LOST POWER.  THE AIRPLANE STRUCK TREES DURING THE FORCED LANDING.  POST ACCIDENT INVESTIGATION FOUND WATER IN THE FUEL LINE FROM THE CARBURETOR TO THE FUEL STRAINER AND THE CARBURETOR BOWL.  THE FUEL TANK WAS FLAT ON THE BOTTOM WITH A DRAIN LINE LEADING TO THE FUEL STRAINER EMANATING FROM THE MIDDLE OF THE TANK.  A TEST CONDUCTED BY THE OWNER FOUND THAT WITH THE AIRFRAME IN A THREE POINT ATTITUDE ON THE GROUND AND THE FUEL TANK EMPTY, IT WAS POSSIBLE TO ADD 40 OUNCES OF FUEL PRIOR TO FUEL RUNNING OUT OF THE DRAIN HOLE.  ACCORDING TO THE EAA, THE DESIGN OF THE FUEL TANK DESIGN WAS DETERMINED BY THE INDIVIDUAL BUILDER. THE AIRPLANE WAS BUILT BY THE PREVIOUS OWNER.

## Factual narrative

On July 31, 1994, at 1230 eastern daylight time, an EAA Biplane, N35AE, owned and piloted by Mr. Kenneth Kushi, of Canaan, Connecticut, struck trees during a forced landing, after the engine lost power during takeoff from Segalla Field, a private airport in North Canaan, Connecticut.  The pilot received minor injuries and the airplane received substantial damage.   Visual meteorological conditions prevailed and no flight plan had been filed for the flight which was operated under 14 CFR Part 91.

In the NTSB Accident Report, the pilot stated:

Ran up engine on ground...tookoff to east, climbed to      approx 400-500 ft, engine started to loose power, RPM      drop off.  Tried carb heat, was going to hit primer,      but trees coming up and was trying to get over corn,      when left wing struck tree, actually both wings hit      some parts of tree approx 20 ft from corn....

According to the FAA:

...water was found in the line going from the      carburetor to the fuel strainer and the carburetor      bowl.  Also the fuel sump bowl, damaged upon impact,      appear to contain traces of water...[the pilot] uses      auto-gas in his aircraft and had some before the      flight.  The fuel in this can contained no visible      contaminants....

Post accident investigation found that the fuel tank was flat on the bottom and a line ran from the middle of the tank to the fuel stainer.

At the request of the NTSB Investigator, the owner placed the fuselage in a three point attitude and conducted a test described below:

...with airplane in 3 point (normal) [ground] attitude      and fuel tank empty, fuel was poured into tank from a      calibrated container.  It took approximately 2 1/2      pints (40 ounces plus) before fuel started to flow from      normal fuel valve....

In a letter, the Experimental Aircraft Association (EAA) stated:

...EAA Biplane plans have not been sold by EAA since      1973...The drawings themselves included a pictorial      cut-away by John Matthews showing a J-3 Club tank in      the isometric with a fuel pick-up located in the center      of the tank instead of rearward on the tank which would      be normal.  Also, typically for the era in which those      plans were drawn, there is no fuel schematic drawing      anywhere in the plans.  The plans were created in 1957      with additions in 1966 and 1968.  Quite frankly, in      that era, the details such as fuel schematics were left      up to the builder.  The principal reason for that was      the builders of that time were usually A&P mechanics or      others  quite familiar with aircraft construction.

...The systems in that era typically had the drain at      the rear of the tank or used something like the      Taylorcraft tank where the tank sloped down sharply      from the aft section to the forward section, and there      was no problem with draining the fuel from the lowest      section....

The airplane carried an experimental airworthiness certificate.  The airplane was not required to meet specified airworthiness standards contained in 14 CFR PART 21,  CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS, and 14 CFR PART 43, MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND ALTERATION.  Additionally, there was no requirement for the design to contains details of the fuel system.

The airplane was built by another individual, prior to its acquisition by the current owner/pilot.

## Aircraft

- Registration: [N35AE](https://openairdocs.org/deregistered/N35AE-2015-11-02), registration cancelled 2015-11-02, S/N 3, built 1974 (OpenAirDocs)
- Reported make and model: ARTHUR CHASE EAA BIPLANE (EAA BIPLAN)
- Registry model: [Eaa Biplane P](https://openairdocs.org/model/eaa-biplane-p) (registry code 33601H1) (OpenAirDocs)
- Registry engine: [Lycoming 0-235 series](https://openairdocs.org/engine/lycoming-0-235-series) (registry code 41505, 4 cycle) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 3
- Airframe hours: 162
- Engines: LYCOMING O-235 115 horsepower reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Registered owner: Kenneth Kushi
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: Annual, September 6, 1993, 17 hours before
- Departed: NONE
- Destination: NONE, CT
- Airport: NONE, Segalla Field, runway 9, 1,325 × 50 ft

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 52; commercial; airplane ratings: single-engine land; medical: class 2, valid medical--w/ waivers/lim; seat: center; flight hours: 1,220 total, 20 in this make and model, 1,075 as pilot in command, 3 in the last 90 days, 3 in the last 30 days, 1 in the last 24 hours

## Weather

- Conditions: Visual (VMC), Day
- Wind: calm
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 75 °F

## FAA reports on this event (1)

The FAA's own accident and incident reports, matched to the aircraft by N-number and date (OpenAirDocs).

- [Accident 19940731019799A](https://openairdocs.org/incident/19940731019799A), Jul 31, 1994: Amtrea EAABIPLANEP, North Canaan, CT, Substantial damage. Lost power on climbout. Struck trees on forced landing. Water in fuel. Fuel tank design not usual drain method.

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.

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