N1238L

HISTORY OF FLIGHT

On August 21, 2004, at 1145 Pacific daylight time, a Consolidated Aeronautics, Inc. Lake LA-4-200, N1238L, drug a pontoon during low-flight and descended into a lake about 4 miles southwest of Oroville Municipal Airport, Oroville, California. The airplane sank and was submerged in 15 feet of water. The private pilot was operating the airplane, registered to Take Flight, Inc., under the provisions of 14 CFR Part 91. The airplane was destroyed. The pilot and one passenger sustained fatal injuries. Visual meteorological conditions prevailed for the local area flight that departed from Live Oak earlier that day. No flight plan had been filed, nor was one required.

According to a family member of the pilot, the pilot and passenger were old friends. The purpose of the flight was for pleasure and they were intending to fly around the local area.

A witness, who was on a jet ski in the Thermalito Afterbay of Oroville Lake, noticed the airplane flying overhead. Due to the uniqueness of the airplane, he noticed it immediately. The airplane made one landing, took off again, then circled the area and landed again. The airplane taxied around to the boat area, and then someone in the airplane closed the cockpit door. The airplane started building speed, traveling southbound. As it lifted from the glassy-surfaced water, the airplane was about 20 feet above it, traveling about 70 miles per hour. Then, it "kissed" the surface of the water. It abruptly headed up to about 50 feet above the water. The airplane fell straight down and sank immediately. The witness could not recall what the attitude was of the airplane upon impact with the surface of the water.

An additional witness reported that he was sailing his boat in the afterbay. He saw the airplane make several touch-and-go landings on the water. As the airplane was headed in a southerly direction, it appeared to be attempting to land. The witness stated in part, "It seemed as though it hit the water too hard and the airplane bounced into the air, listing to starboard, lost lift, and when the tail hit the water the aircraft flipped end over end and crashed." The witness was about 150 yards from the accident site.

PERSONNEL INFORMATION

A review of the Federal Aviation Administration (FAA) airman records from Oklahoma City, Oklahoma, revealed that the pilot held a private pilot certificate for airplane single and multiengine land, single engine sea, and instrument. He held a third-class medical certificate that was issued on July 22, 2004. A review of copies of the pilot's personal logbook indicated that the pilot recorded a total flight time of 1,923 hours as of August 8, 2004. He had accumulated about 278 hours in seaplanes prior to the accident. According to the logbook, the pilot had not flown the accident airplane since June 15, 2004. The last landings logged as "water landings" were logged on June 5. He had flown 12 hours in single and multiengine land airplanes from June 28 until August 8.

AIRCRAFT INFORMATION

The amphibious, single engine, pusher propeller airplane was a Consolidated Aeronautics, Inc., Lake LA-4-200, commonly known as a Lake Buccaneer. The airplane was manufactured in 1976, serial number 737. The last annual was completed on the airplane on September 5, 2003. The total airframe and engine time was 1,112 hours.

METEOROLOGICAL INFORMATION

An automated surface weather observation (METAR) was issued for Oroville, California, at 1153. The wind was variable at 3 knots; there was 10 statute miles visibility with clear skies; and the altimeter read 29.89 inches of mercury.

WRECKAGE AND IMPACT INFORMATION

The Butte County Sheriff's Department personnel initially responded to the accident scene. The FAA coordinator responded later that day to oversee the recovery efforts. The accident site was located in the Thermolito Afterbay of Oroville Lake. The afterbay has agricultural and recreational uses. According to a Butte County Sheriff deputy, the useful landing area of the bay is about 3 miles. The wreckage site was located about halfway through the usable landing area.

After impact, local recreational boaters attempted to move the airplane closer to shore during a rescue effort and the attempts were unsuccessful. The airplane moved about 200 yards from its original impact point before becoming lodged in silt. The approximate global positioning satellite coordinates of 39 degrees 27.824 minutes north by 121 degrees 40.719 minutes west are those of the airplane after it was moved. The elevation was about 192 feet mean sea level. The airplane was covered in an estimated depth of 15 feet of water.

Airplane recovery photos were viewed by the National Transportation Safety Board Investigator-in-Charge (IIC). The vertical stabilizer was above the water level. The remainder of the airplane was submerged. As the airplane was pulled from the water, the right wing remained attached to the fuselage. The left wing was partially attached to the fuselage. The empennage section was attached to the fuselage. The nose of the airplane from the instrument panel, forward, was recovered separately.

MEDICAL AND PATHOLOGICAL INFORMATION

The Butte County Coroner completed an autopsy on the pilot. The medical examiner concluded that the pilot died as the result of injuries sustained in the accident sequence. The passenger's death was attributed to drowning. The FAA Bioaeronautical Sciences Research Laboratory performed toxicological testing of specimens of the pilot and the passenger. The pilot's and passenger's results were both positive for ephedrine and pseudoephedrine.

TESTS AND RESEARCH

The wreckage was examined on August 23, 2004, by the Safety Board IIC, the FAA coordinator, and a representative from the engine manufacturer. The main fuselage structure was extensively crushed aft. The nose section was separated from remaining airplane structure. The right wing was attached to the fuselage, which ran back to include the empennage section. The left wing was partially attached to the fuselage but was completely removed during the airplane's recovery.

Aft of the aft cabin bulkhead, the fuselage was circumferentially buckled. The left side was significantly more compressed than the right. The empennage section aft of the buckling was bent 30 degrees to the left.

The section of the nose, forward of the instrument panel, was examined. Two distinct damage patterns were evident. The forward right side exhibited a crush line of 30 degrees to the longitudinal axis of the airplane from aft lower to forward upper. The left side was buckled with the crush folds oriented vertically, and the entire nose section was noticeably curved to the left.

The examination of the instrument panel disclosed a tachometer time of 1,152.61. The flap and landing gear selector levers were found in the up positions. The propeller control was in a full forward position; the mixture control was in a full rich position.

The cockpit canopy was made up of two frames hinged to a center post with the doors opening out and up. The center post is rigidly attached to the nose structure forward of the glare shield and the cabin roof. The center post and canopy framework was separated from the structure as a unit. The right side frame was deformed along the forward lower edge. The right upper aft frame was bent away from the center post. The left side frame was not distorted. The majority of the

Plexiglass windows were missing from both sides; however, Plexiglass shards remained within the framework.

Each side of the canopy had operating handles and locking mechanisms. The canopy latching bracket that the tang hooks into was deformed on the left side. The latching bracket on the right side was not deformed. The hooked tang extending from the latching handle on the right side was broken at a 45-degree angle at its end. The throttle control was located on the canopy center frame and was in a "FULL OPEN" position.

The airplane's seats were not recovered.

The left wing separated from the airplane structure during the airplane's recovery. A 4-foot outboard leading edge section of the wing was accordioned at an angle about 30 degrees to the lateral axis of the airplane from forward inboard, to aft outboard, with the tip end displaced about 5 inches aft. The fiberglass wing tip structure remained attached to the tip rib. A 3-inch section of the wingtip leading edge from the tip rib to the outboard edge was missing and subsequently located in the floating debris field.

The main spar's upper cap was fractured and the face of the fracture was at 45 degrees just outboard of the carry through attach point. The fracture on the lower cap was in a flatter plane and the spar cap outboard of the fracture was torn from the web and bent downward about 120 degrees. The aileron remained attached to the wing.

The flap was attached by its center hangar hinge attach bracket; the inboard and outboard hangar hinge attach brackets were separated from the wing structure. All three brackets were bent in an inboard direction. The rivets that attach the hangar bracket to the wing structure were pulled out. About 10 inches inboard from the flap inboard edge, the skin was bent upward 4 inches.

The left aileron control surface was crushed on its inboard section and the profile of the crush was an airfoil shape. The aileron crush was dimensionally similar to the outboard edge of the flap. The crushed surface of the aileron was matched with the outboard section of the flap. The surfaces would only match up with the aileron near the full down deflection and the flap was in the fully retracted position.

The right aileron control surface was undamaged. The right flap was undamaged and appeared to be in an up position. The right flap could not be moved.

The right wing remained attached to the main fuselage structure. An 18-inc...