N29099

HISTORY OF FLIGHTOn February 20, 2016, at 2305 eastern standard time, a Piper PA-28-181, N29099, was substantially damaged during a ditching in Setauket Harbor about 1.5 nautical miles northwest of Port Jefferson, New York. The flight instructor, student, and one passenger received minor injuries, and one passenger was fatally injured. The airplane was owned and operated by Positive Rate Gear Up, LLC, as a Title 14 Code of Federal Regulations (CFR) Part 91 instructional flight. Night visual meteorological conditions prevailed, and no flight plan was filed. The flight departed Fitchburg Municipal Airport (FIT), Fitchburg, Massachusetts, about 2040 and was destined for Republic Airport (FRG), Farmingdale, New York.

According to the flight instructor, the first leg of the instructional flight departed FRG about 1430; he believed that about 40 gallons of fuel was onboard before departing from FRG. According to the student pilot, the pilot of the previous flight told him that the left-wing fuel tank was full, and the right-wing fuel tank was half full (about 36 gallons total). The student stated that he asked the flight instructor if he wanted to refuel, and the flight instructor advised him that they had plenty of fuel. After takeoff from FRG, they flew to FIT at 2,000 to 2,500 feet above mean sea level (msl). The airplane encountered a strong tailwind and arrived in about 45 minutes. They spent some time in the Fitchburg area, then returned to FIT for the return flight.

After takeoff, they departed the airport traffic area to the southwest on a direct heading for FRG and climbed to 4,500 ft msl because of turbulence at lower levels. The flight instructor estimated that the airplane had a headwind of 30-40 knots, and the airplane's groundspeed was about 81 knots during the cruise portion of the flight. He stated that there was no indication of any malfunction of the airplane. During this time, the student pilot asked the flight instructor about the fuel quantity, stating "does the fuel look good to you?" The flight instructor replied "yes." Just before passing Bridgeport, Connecticut, the flight instructor advised the student pilot that they should change their destination to Long Island MacArthur Airport (ISP) to refuel. As the airplane passed over the Igor I. Sikorsky Memorial Airport, Bridgeport, Connecticut, they turned the airplane southbound, started a slow descent, and crossed Long Island Sound. Upon reaching the area of Port Jefferson, New York, they leveled the airplane about 2,000 ft msl; the engine then "sputtered." The flight instructor immediately turned on the electric fuel pump and instructed the student to switch the fuel selector to the left fuel tank. Once the fuel selector had been selected to the left fuel tank, the engine stopped sputtering.

The flight instructor informed air traffic control that he wanted to divert ISP, which, at the time, was 10 nautical miles south of their location. About 2-3 minutes later, the engine sputtered again and then lost power. The instructor then took control of the airplane from the student pilot and advised the tower controller at ISP that he was declaring an emergency and was going to attempt to land on the north shore of Long Island. The tower controller immediately notified emergency responders. A Suffolk County Police Department (SCPD) helicopter was airborne at the time and immediately proceeded toward the last known location of airplane.

The instructor then made a 180° turn to the right and headed for the shoreline since he believed this was the most suitable place for landing and knew from experience that the area along the shore was normally clear of obstacles and houses. As the airplane descended, the instructor was unable to see the shoreline due to the darkness and decided to ditch the airplane as close as he could to the shoreline, judging his distance from the shore by using the lights from the houses. He then held the airplane off the water for as long as possible to keep from touching down on the water with excessive airspeed and risk nosing over (the airplane was equipped with fixed landing gear).

Upon touchdown, the flight instructor opened the cabin door and instructed everyone to exit the airplane, grab the life vest that was in the baggage compartment of the airplane, and hold on to him. The student pilot then handed the instructor the life vest. One of the passengers then jumped into the water and started swimming for shore. The second passenger also jumped into the water. The student pilot was the last to egress from the airplane. Neither the student pilot nor the passengers were wearing life vests.

About 3 minutes later, the airplane was located by the SCPD helicopter. Patrol officers from SCPD also responded to the shoreline and, after locating several kayaks behind a residence, made their way onto the water. They heard screams for help, paddled out toward the spotlight from the helicopter, rescued one of the passengers, and then, with the assistance of an SCPD marine patrol boat, the flight instructor. The student pilot was rescued by a patrol officer who entered the water on foot and threw a life ring to him and then pulled him to shore.

A search by SCPD and the US Coast Guard for the missing passenger was conducted but he was not found. About 2 months later, on April 11, 2016, his body was discovered on a beach in Setauket Harbor, New York. PERSONNEL INFORMATIONThe flight instructor held a commercial pilot certificate with ratings for airplane single- and multi-engine land, and instrument airplane. He also held a flight instructor certificate with ratings for airplane single-engine and instrument airplane. His most recent Federal Aviation Administration (FAA) first-class medical certificate was issued November 12, 2015. He reported 2,800 total hours of flight experience, of which 1,400 hours were in the accident airplane make and model.

The student pilot reported that he had accrued 20 total hours of flight experience, 19 of which were in the accident airplane make and model. AIRCRAFT INFORMATIONThe accident airplane was a four-seat, low-wing monoplane of conventional metal construction. It was equipped with fixed tricycle-type landing gear and was powered by a four-cylinder, direct-drive, horizontally opposed engine rated at 180 horsepower at 2700 rpm.

The basic airframe, except for a tubular steel engine mount, steel landing gear struts, and other miscellaneous steel parts, was of aluminum alloy construction. The wing tips, engine cowling, and tail surfaces were of fiberglass or ABS thermoplastic.

According to FAA and maintenance records, the airplane was manufactured in 1979. The airplane's most recent 100-hour inspection was completed on January 12, 2016, at 5,091 total hours. At the time of the accident, the airplane had accumulated 5,173.97 total hours of flight time.

Fuel Information

The airplane's fuel was stored in two 25-gallon tanks (24-gallons usable). According to the Piper PA-28-181 Pilot's Operating Handbook (POH), during the preflight inspection, the fuel quantity gauges were to be checked, the fuel tank sumps and fuel strainer were to be drained, and the fuel quantity was to be visually checked by opening the fuel tank caps and looking inside each of the fuel tanks. An aftermarket checklist was found in the airplane. Although the checklist was not specified for use in a Piper PA-28-181, it was similar to the published POH's preflight inspection regarding fuel.

Review of the POH also indicated that:

- At a power setting of 75%, the engine would consume fuel at a rate of 10.5 gallons per hour (gph).

- At a power setting of 65%, the engine would consume fuel at a rate of 9.0 gph.

- At a power setting of 55%, the engine would consume fuel at a rate of 7.8 gph.

At a 65% power setting, with full fuel tanks, endurance would be about 5.3 hours, and at a 65% power setting, with 40 gallons of fuel, endurance would be about 4.4 hours. Examination of aircraft rental and fueling records revealed that the airplane had been operated for 5.1 hours since it was last refueled.

When asked if they had leaned the mixture during the flight, the student pilot advised that he had only seen the flight instructor lean the mixture during taxi on the ground at FRG and FIT. METEOROLOGICAL INFORMATIONAbout 9 minutes before the accident (2256), the recorded weather at ISP, which was 11 miles from the accident site, included: wind 220° at 10 knots, 10 miles visibility, sky clear, temperature 7°C, dew point 3°C, and an altimeter setting of 29.82 inches of mercury.

The National Weather Service (NWS) Surface Analysis Chart for 2200 EST depicted surface winds from the south-southwest at 10 to 20 knots, with no significant weather reported in the vicinity of the accident site.

The Upton (OKX) Long Island 1900 sounding depicted a surface-based temperature inversion with a top near 2,000 feet. As a result of light surface winds and an increasing wind component with altitude, a moderate risk of low-level wind shear existed in the lowest 1,000 ft, and predominately light-to-moderate turbulence was predicted below 3,000 ft, and light turbulence through 10,000 ft.

An airplane descending into Providence, Rhode Island, at 2344 provided an in-situ measurement of the low-level winds. The airplane's track into the airport was from the southwest, parallel to Long Island Sound, and along the accident airplane's general route of flight. The airplane detected a surface-based temperature inversion to about 2,500 ft with westerly winds of 58 knots at that level. Another limited report from an airplane descending into LaGuardia reported a low-level wind maximum of 52 knots at 1,800 feet.

The winds aloft forecast current at the time of departure for stations near the route of flight indicated:

General Edward Lawrence Logan International Airport (BOS), Boston, Massachusetts:

- 3,000 ft: 270° at 34 kts

- 6,000 ft: 260° at 38 kts

Bradley Internation...