N5946C

HISTORY OF FLIGHT

On August 16, 2015, at 0745 eastern daylight time, a Beech C35, N5946C, collided with a railroad grade crossing cantilever arm and terrain during a forced landing in Hicksville, New York. The commercial pilot was fatally injured, and one passenger sustained serious injuries. The airplane was destroyed by impact forces and a postimpact fire. The airplane was registered to and operated by the pilot as a 14 Code of Federal Regulations (CFR) Part 135 on-demand air taxi flight. Day, visual meteorological conditions were reported near the accident site about the time of the accident, and no flight plan was filed. The flight originated from Francis S. Gabreski Airport (FOK), Westhampton Beach, New York, and was destined for Morristown Municipal Airport (MMU), Morristown, New Jersey.

The pilot departed FOK about 0720 under visual flight rules, and according to Federal Aviation Administration (FAA) air traffic control (ATC) transcript information, checked in with the New York terminal radar approach control (N90) Islip departure controller while passing through 1,300 ft mean sea level (msl) 2 miles east of FOK. (For the purposes of this report, all altitudes are in msl, unless otherwise noted.) The pilot requested to climb to 6,500 ft to transition to the New York class B airspace en route to MMU. The Islip controller identified the flight at 1,500 ft and directed the pilot to squawk a mode 3 transponder code of 4356. The Islip controller transferred the flight to the John F. Kennedy International Airport (JFK), Jamaica, New York, departure controller at 0730, at which time radar data depicted the airplane was traveling westbound at 140 knots ground speed at 6,500 ft.

The pilot checked in with the JFK departure controller and reiterated his request for a clearance through New York class B airspace. The JFK controller cleared the flight through the class B airspace and directed the pilot to maintain 6,500 ft. At 0738, the JFK controller transferred the flight to the LaGuardia Airport (LGA), Flushing, New York, departure controller.

The pilot checked in with the LGA controller at 6,500 ft and was issued the LGA altimeter setting. About 10 seconds later, at 0738:43, as the airplane was on an easterly heading, it began a slight ascent to 6,600 ft while its groundspeed started to suddenly decrease. The pilot did not report any difficulty to the LGA controller, and the controller did not ask the pilot about the change in the flight profile. About 0740, the LGA controller directed the pilot to turn right heading 360°. The airplane was traveling at 60 knots ground speed at 5,700 ft at the time. One second later, the pilot responded that he was "having a little bit of a problem" and was considering diverting to Republic Airport (FRG), Farmingdale, New York. The LGA controller acknowledged and asked the pilot to keep him informed of the situation and to let him know if he any needed assistance.

At 0740:31, the pilot advised that he was going to "have to take it down at…the closest spot." The LGA controller provided the pilot with the relative locations of LGA, JFK, FRG, and Westchester County Airport, White Plains, New York, and told the pilot that he could go anywhere he wanted to go. At 0740:55, the pilot responded that FRG was the closest airport but that he was not going to make it there. At 0741:16, the LGA controller asked the pilot to verify that he was going to FRG. The pilot responded, "yeah," and then asked the controller to verify that FRG was the closest airport. At this time, the pilot had started a left turn to the southeast, and the airplane was descending out of 4,400 ft at 70 knots groundspeed. At 0741:26, the LGA controller advised that there was also a landing strip at Bethpage, New York, at the pilot's 10-o'clock position at 5 miles and that the pilot might want to try that airport. The controller advised the pilot that he was about lined up for the runway's extended centerline. The pilot acknowledged, but part of the acknowledgement was unintelligible. At 0742:36, the pilot asked the controller to provide information on the location of the landing strip. The controller advised that the landing strip was at the pilot's 12-o'clock position at 4 miles and that the pilot was set up on the runway's extended centerline. At 0742:50, the LGA controller advised the pilot that FRG was 3 miles southeast of Bethpage in the event that the pilot wanted to go to FRG. The pilot responded that the airplane was losing altitude and that he was doing the best he could to maintain it.

At 0743:36, the pilot again asked for the location of the Bethpage airport and said he was not seeing it. The controller responded that there was a landing strip at Bethpage at the pilot's 12-o'clock position at 3 miles and that FRG was at the pilot's 10-o'clock position at 6 miles. The pilot responded that he was not going to make the 6 miles to FRG. At 0744:01, the LGA controller advised the pilot that Bethpage was a closed airport but that there was a runway there at the pilot's 11-o'clock position at 1.5 miles. At 0744:35, the pilot told the controller "you gotta give me a little better heading on that if you would." The controller advised that the runway was about 10° to the right and added that there was also a parkway nearby. The pilot then asked the controller, "and FRG I got 3 miles right?" The controller responded that FRG was at the pilot's 11-o'clock position at 5 miles. The pilot stated that there was no way he was going to make it to FRG and asked the controller to "show me this strip again if you would I'm sorry." The controller responded that the Bethpage runway was at the pilot's 1-o'clock position at less than 1 mile, that it was a closed airport, and that he had no additional information about the airport. There were no further communications with the pilot.

The passenger reported that they were in cruise flight when he heard a loud "pop" sound and saw a flicker of light from the engine area, followed by an "oil smell." The engine then began to "sputter" and lost power. The pilot attempted to restart the engine without success.

PERSONNEL INFORMATION

The pilot, age 59, held a commercial pilot certificate with airplane single engine, multiengine, and instrument airplane ratings. The pilot was issued a second-class FAA airman medical certificate on December 22, 2014, with the limitation that he must wear glasses for near vision. At that time, he reported 3,300 total flight hours.

Records provided by the FAA revealed that the pilot completed a 14 CFR Part 135.299 line check on June 18, 2015. He was listed as a single-pilot operator under the name Milo Air, Inc., conducting on-demand air taxi flights. The accident airplane was the only airplane used by Milo Air.

The pilot's family provided copies of two pilot logbooks; however, the latest logbook entries were dated May 13, 2008. No recent pilot logbooks were located.

AIRCRAFT INFORMATION

The four-seat, low wing, retractable-gear airplane, was manufactured in 1952. It was powered by a 260-horsepower Continental Motors IO-470-N engine, driving a three-bladed Hartzell model constant-speed propeller. The airplane was modified with two Beryl D'Shannon fiberglass 15-gallon auxiliary wing tip tanks in accordance with a supplemental type certificate.

According to copies of maintenance logbook pages provided by the pilot's family, the most recent annual inspection of the airframe and engine was completed on June 7, 2015. At that time, the airframe total time was 6,979 hours. The airplane's original engine, a Continental E-185-11, was removed and replaced with the Continental IO-470-N engine on December 15, 1998. The total time on the engine at the last inspection was about 2,913 hours, including 1,427 hours since the last major overhaul.

The engine was removed and disassembled on two occasions, on February 23, 2006, and on October 24, 2007, to facilitate inspections following propeller strikes. Engine maintenance records revealed no evidence of a recent disassembly of the engine or removal or replacement of cylinders.

METEOROLOGICAL INFORMATION

FRG, located about 4 nm east-southeast of the accident site, was the closest official weather station. The FRG weather at 0753 included calm wind, visibility 10 statute miles, few clouds at 9,000 ft, temperature 25° C, dew point 19° C, and altimeter setting 30.12 inches of Mercury.

Velocity azimuth display wind profile data for JFK showed that at 4,000 and 3,000 ft above ground level (agl), the wind was from the northwest at 20 knots. At 2,000 ft agl, the wind was from the northwest at 15 knots, and at 1,000 ft agl, the wind was from the northwest at 10 knots. Data at 5,000 and 6,000 ft agl were not available.

AIRPORT INFORMATION

After the pilot determined that he wanted to land at FRG, the LGA departure controller advised that there was also a landing strip at Bethpage Airport, an alternate airport depicted on his radar video map (RVM) 3 miles northwest of FRG and closer to the airplane, and he subsequently provided distance and heading information to the airport. Although Bethpage was still shown on the RVM, the airport no longer existed; it had been closed for several years, and the former airport area was occupied by buildings. The accident site was about 0.25 nm northwest of the former location of the runway 15 approach end. (See the section in this report titled, "RVMs," for more information about the RVMs used by the controllers in the LGA, JFK, and Islip areas.)

Bethpage Airport was removed from FAA sectional charts in October 2012. Bethpage Airport data were removed from the N90 airport display automation database before 2001, but the exact date was unknown. There were no known or reported equipment discrepancies related to N90 RVMs. The Air Traffic Control Group Chairman's Factual Report, located in the public docket for this investigation, includes photographs of Bethpage Airport as early as the 1940s....