N12428

HISTORY OF FLIGHT:

On June 1, 1996, at 1412 central daylight time, a Fairchild KR-31, N7780, and a Waco QCF, N12428, were destroyed during a midair collision near Bartlesville, Oklahoma. Private owners were operating the airplanes as Part 91 flights under Title 14 Code of Federal Regulations (CFR) during the 10th Annual Exposition Fly-In of the National Biplane Association. Both airplanes were on approach to a sod landing area between runway 35 and the taxiway at Bartlesville Municipal Airport (BVO). Neither airplane was in radio contact with the temporary operating control tower. Visual meteorological conditions with 15 miles visibility prevailed for the local personal flights and flight plans were not filed. The 2 occupants of the KR-31 (airline transport rated pilot and a pilot rated passenger) sustained fatal injuries. The 2 occupants of the Waco (private pilot and a pilot rated passenger) received fatal injuries. The flights originated from the airport during the Biplane Fly-By that began at 1330.

During an interview with the Chairman of the Board of the National Biplane Association, it was reported that the First National Biplane Association (NBA) Fly-In took place in June 1987, as a "social" fly-in. Through the years, the fly-in grew in the number of biplanes and exposition participants, and the NBA "redirected its efforts to make a contribution towards keeping the biplane movement alive by fulfilling the purpose to educate the public on the history and development of biplane aircraft and to preserve the biplane."

The Pilot/Operator report revealed that on June 1, 1996, the Fairchild departed the airport at 1345 for a "short ride." A video tape submitted by a witness revealed the following information; however, the time and sequencing of all events could not be determined from the video. On June 1, 1996, a P51 Mustang arrived at the airport and parked on the ramp area, and on both days a New Standard D25 biplane gave rides from the grass area and was continually loading and unloading passengers. During the fly-by, various airplanes participated. The video revealed that the Mustang departed the ramp area for departure on runway 35, the Fairchild and other airplanes taxied from the grass onto the taxiway, the Standard continued the rides, and subsequently, the Waco taxied for departure. Observed on the video was the P51 fly-by, the Waco departure from the sod area, the D25 departure from the sod area, another P51 fly-by, the Waco fly-by, and the P51 taxiing to the ramp as portions of each midair airplane descended toward the ground.

The following information was revealed during interviews, conducted by the investigator-in-charge, with witnesses and controllers and on the enclosed written statements. Highway 60 runs east and west perpendicular to the approach end of runway 35 and the airplane traffic was landing to the north on runway 35 or the sod area paralleling the runway (see enclosed airport diagram). Two witnesses traveling east on Highway 60 observed the airplanes flying side by side toward the south [downwind]. Subsequently they saw one airplane veer west and one east at which time one of the witnesses observed the left wings of both airplanes hit. The other witness stated that one airplane tried to dive under the other airplane prior to wing contact.

A witness traveling west on Highway 60 stated that "one airplane was flying south on the downwind leg of the traffic pattern at approximately two to three hundred feet [and] the other aircraft [was] at approximately the same altitude coming slightly from behind and from the west." This witness further stated that the "lead aircraft did a steep banking maneuver to the left or the east [and] it was then struck by the aircraft coming slightly from the west." The witness did not positively identify which airplane was the "lead aircraft".

Another witness, using 10X binoculars, observed the Fairchild traveling south on downwind "setting up for base leg [and the] Waco ma[k]e a steep diving approach fl[y] low down the runway to [a] point [and] then proceed to climb and bank steeply to the south."

The pilot of the D25 airplane that was giving rides reported observing the Fairchild heading north "about 2 miles west" of the D25 at 1,000 feet AGL. The D25 pilot further stated that "I thought that [the Faichild] was going to get in trail behind me." He further reported observing the Waco making a left climbing turn at the approach end of runway 35 and subsequently observed the Waco level at about 500 feet AGL, heading about 250 degrees, and fly under the D25 heading about 300 degrees.

Two witnesses observed the airplanes flying east and parallel to Highway 60. One of these witnesses reported that the Waco was underneath the Fairchild and "all of a sudden, I saw the Waco pull up as if he was going to do a roll [and] he collided with the Fairchild"

One witness saw the Fairchild on downwind and noticed an airplane gaining on the Fairchild from behind its flight path. The witness stated that he observed the Fairchild's "right wings lift (roll to the left), the[n] wreckage separate, and fall to the ground."

A line worker, at the fixed base operation, reported observing the Fairchild "turning base from the south and [the] Waco turning base from the north." He further stated that the Waco, which appeared lower than the Fairchild, "pulled up and the 2 planes collided."

One witness reported that "just as the 2 planes collided the yellow planes [Waco] wings folded up and it started down at a steep angle, the dark colored plane [Fairchild] veered off to the southwest carrying some of the yellow planes wing which dropped off and the dark plane continued to the southwest for a few seconds then nosed sharply and crashed a few seconds after the yellow plane crashed. The yellow plane crashed and burst into flames."

One controller stated that he "looked to the southwest and saw one aircraft attempt to cutoff the other aircraft on downwind to base leg." He further stated that he "saw one of the aircraft attempt to turn out and clipped the other aircraft." This controller did not positively identify each aircraft.

The D25 pilot stated that the tower controller said something to the effect "Watch the Waco, I don't know what he's doing." Another biplane cleared for landing reported the controller "announced that he was not in contact with the Waco and did not know what he was going to do."

PERSONNEL INFORMATION:

The airline transport rated pilot and owner of the Fairchild started flying in the late 1940's. He had accumulated 19,660 hours in airplanes, helicopters, and gliders. The pilot rated passenger in the Fairchild held a private pilot certificate and had accumulated 282 hours of flight time.

The private pilot, co-owner of the Waco, flying since the 1980's had accumulated over 5,000 hours and was known for restoration of Waco aircraft. The pilot rated passenger in the Waco held a commercial pilot certificate and had accumulated 2,797 flight hours as of December 1987.

AIRCRAFT INFORMATION:

The 1928 Fairchild KR-31 biplane, painted light green with silver wings, was equipped with a Curtis Wright 90 horsepower liquid cooled engine. The 1940 Waco QCF biplane, painted dark green with a colored strip along the fuselage and cream colored wings, was powered by a Continental 220 horsepower radial engine.

Construction of the open cockpit, dual control, biplanes included fabric covered wood wings with flying wires, metal interconnect wing struts, metal cabane struts, and metal aileron interconnects. The Fairchild had wood structured/fabric covered ailerons while the Waco ailerons were constructed of metal. The Fairchild had a 2 bladed wooden propeller and the Waco was equipped with a 2 blade metal propeller. The Fairchild fuselage was wood construction and the Waco fuselage longerons were metal.

The Fairchild was not equipped with an electrical system. The Waco was equipped with navigation lights and an electrical system. The operational status of the lights at the time of the midair collision and the type and status of the avionics equipment installed in the cockpit could not be determined due to post-impact fire damage.

Examination of the biplanes and engines at the site did not reveal any evidence of pre-impact mechanical discrepancies. Review of the Fairchild maintenance records, by the investigator-in-charge, did not reveal any anomalies or uncorrected maintenance defects prior to the flight. Maintenance records for the Waco were never presented to the Board.

COMMUNICATIONS:

The Airport Control Supervisor at Bartlesville Municipal Airport, requested a portable Air Traffic Control Tower from the Oklahoma Air National Guard to be used in support of the 1996 National Biplane Association Fly-In. The request was forwarded to the State Aviation Officer and on May 8, 1996, the Airport Control Supervisor, received a letter of authorization from the FAA to furnish temporary air traffic control services at the Bartlesville Municipal Airport on May 31, 1996, through June 2, 1996. The FAA response letter dated May 8, 1996, stated the following: "The temporary tower service is limited to the separation of arriving and departing aircraft using designated landing area/runways only." Control of aircraft moving to, from, and in the parking areas would be the responsibility of the airport management, aircraft operators, and/or the pilots. The letter indicated that any unusual items that might be a factor in the safe operation of aircraft should be brought to the attention of ATC prior to the operation of the tower. The letter indicated that the frequency for ground control was 121.6 and controllers from Tulsa Tower would staff the temporary tower.

The NOTAM was logged at McAlester AFSS on May 8, 1996, for the BVO temporary tower (ATCT) operation. The NOTAM log for May 9, 1996, listed the temporary towe...