N30AB

On July 2, 2016, about 1600 central daylight time, a Waco YMF-F5C airplane, N30AB, impacted Lake Travis, near Austin, Texas, during a forced landing following an in-flight loss of engine power. The pilot reported that he was uninjured and his two passengers reported sustaining minor injuries. The airplane sustained substantial wing damage. The airplane was registered to Koch Aviation LLC and was operated by the pilot as a 14 Code of Federal Regulations Part 91 aerial observation tour flight. Day visual meteorological conditions prevailed along the route of flight about the time of the accident, and the flight was not operated on a flight plan. The local flight originated from the Austin-Bergstrom International Airport, near Austin, Texas, about 1545.

According to the pilot's accident report, the airplane had a loss of engine power about 25 minutes into the flight. The airplane subsequently nosed over when it was ditched on a lake. A postaccident examination of the engine and fuel system was not completed.

According to a passenger's statement, the pilot said over the intercom that we were "having some engine problems" and that he was "trying to figure it out." The engine sputtered and the propeller slowed down and began to stop. The passenger stated that it sounded like the pilot was trying to get the engine "going" multiple times. It would turn over for a bit and then die out. He reported, "The only thing I can relate it to is times I've had a motorcycle or lawnmower run out of gas."

The pilot held a Federal Aviation Administration (FAA) airline transport certificate with a multi-engine land rating. He also held a commercial pilot privileges for single engine land airplanes and a flight instructor certificate with airplane single engine and instrument airplane ratings. His most recent First Class Medical Certificate was issued on September 5, 2015. The pilot reported that 3,900 hours of total flight time and 250 hours of flight time in the same make and model as the accident airplane, of which 90 hours of flight time was accumulated during the 90 days before the accident, 40 hours accumulated during the 30 days before the accident, and 2 hours during the 24 hours before the accident.

According to the airplane's type certificate information, this model airplane is a modernized version of the original YMF. The pilot reported that the airplane was powered by a 300-horsepower Jacobs R55-A2M engine with serial number 31300. The airplane was designed with three seats and it had a 49-gallon standard fuel capacity consisting of two 24.5-gallon tanks in its upper wing center section. It was also equipped with two 12.3 gallon auxiliary tanks, one in each upper wing, resulting in a total fuel capacity of 73.6 gallons. The airplane's specified placards, in part, stated:

TAKE-OFF NOT RECOMMENDED WITH LESS THAN 10 GAL. OF FUEL

(YELLOW LINE ON GAUGE) IN TANK SELECTED.

WARNING - ANY MANEUVER WHICH SUBJECTS THE AIRPLANE TO

NEGATIVE FLIGHT LOADS WILL RESULT IN AN IMMEDIATE LOSS OF

ENGINE POWER WITH NO ASSURANCE OF RECOVERY.

LEFT FUEL 36 U.S.GAL.USABLE PUSH ON PULL OFF

RIGHT FUEL 36 U.S.GAL.USABLE PUSH ON PULL OFF

The airplane flight manual's before starting engine checklist, in part, stated:

Fuel selectors - Both on

Fuel quantity indicators - Check (take-off not recommended with fuel

level below yellow line on gauge)

The airplane was last refueled on June 27, 2016 with 41.4 gallons of 100 low lead aviation gasoline. According to the lineman who performed the refueling, the tanks were topped off during this refueling.

The airplane then had its annual inspection conducted.

The pilot reported that 40 gallons of fuel was on board the airplane before the accident flight. He was asked how many flights occurred after the airplane was last topped off on June 27, 2016, what was the length of time for the flight(s), and how was that fuel amount verified during the preflight? He, in part, stated:

Estimate 20 min run during annual inspection

July 1st - 20 min flight

July 1st - 20 min flight

July 1st - 45 min flight

July 2nd - 25 min flight resulting in crash

Average burn 15 gal/hr. 72 gal capacity.

Electronic engine monitor with visual sight gauges as a backup hanging from each wing.

Using the pilot's information in reference to the engine operating times and average fuel burn, the calculated fuel consumed since June 27, 2016, was 32.5 gallons.

A Texas Department of Safety employee dove on the underwater wreckage without prior coordination with the FAA Inspector nor with the National Transportation Safety Board Investigator In Charge for this investigation (IIC). The employee confirmed that he was the first to dive on the wreckage along with a diver with video equipment. He reported that the video taken showed the airplane's condition at the time of the crash and the wreckage was not manipulated in anyway. The video had been uploaded to the internet and was subsequently reviewed by the FAA inspector, a party member, and the IIC through an internet link. The video showed the right fuel selector handle was in the rearward OFF position. Additionally, images of the recovered airplane showed the right fuel selector handle was in the OFF position. The internet link to the video is appended to the docket material associated with this case.