N35132

HISTORY OF FLIGHTOn May 24, 2017, about 1830 central daylight time, a Piper J3C 65 airplane, N35132, crashed into a river 3.5 mile southwest of Chetek, Wisconsin. The private pilot was fatally injured, and the passenger was seriously injured. The airplane sustained substantial damage. The airplane was registered to a family partnership and operated by the pilot under the provisions of Title 14 Code of Federal Regulations Part 91. Visual meteorological conditions prevailed and no Federal Aviation Administration (FAA) flight plan had been filed for the flight. The local personal flight departed a private airstrip near Chetek about 1800.

According to the passenger, he met the pilot at the private airstrip about 1750. When he arrived, the pilot was pulling the airplane out of the hangar for the flight. The passenger sat in the front seat and the pilot helped him to secure his lap belt. The pilot then sat in the rear seat.

The passenger reported that after taking off, they "looped around the house" and then headed towards a pond where several friends were fishing. They flew over the pond and waved at their friends. The pilot stated that they would "go around" and fly over their friends again. The airplane started to turn and then went straight down. The passenger did not recall hearing anything abnormal with the engine. Just before the impact with the river the pilot stated, "This isn't good."

According to two witnesses who were fishing on a pond near the river, the airplane flew overhead to the north. One witness reported that the door of the airplane was open and that the two occupants were waving at them. This witness stated that the "engine rpms sounded low but smooth" as the airplane flew over him. The airplane continued to the north and then started a turn to the right. Both witnesses stated that they heard a "pop" noise from the engine which they characterized as a backfire. After the "pop," the airplane descended out of sight below the tree line, and the witnesses heard the crash.

Two other witnesses, located to the west of the accident location, observed the airplane flying to the north over the river, about 60 to 80 ft above the tree tops. The airplane flew over a boat on the pond and then started to climb while flying to the east. The airplane then "went straight down," and the witnesses heard the impact. When asked, neither witness reported hearing any abnormal noises from the engine before the accident. PERSONNEL INFORMATIONThe pilot's most recent FAA third-class airman medical certificate was issued on December 27, 2015, without limitations. At that time, the pilot reported no chronic medical conditions and no medication usage.

The last page of the pilot's logbook contained 14 logged flights between March 25, 2017, and May 7, 2017. Six flights, including the last 3 flights, were logged in a Cessna 172. The remaining 8 flights were in the accident airplane. The pilot's total logged flight time was 177.8 hours; of which 17.1 hours were logged in the same make and model as the accident airplane. AIRCRAFT INFORMATIONThe airplane, a Piper J3C-65 (serial number 6144), was manufactured in 1941. It was registered with the FAA and held a standard airworthiness certificate for normal operations. The airplane was not equipped with shoulder harnesses when it was manufactured. A Continental C85-12F engine, rated at 85 horsepower at 2,575 rpm, powered the airplane. The engine was equipped with a McCauley 2-blade propeller.

The airplane was equipped with two tandem seats and dual flight controls. The instrument panel was just forward of the front seat. When the pilot was the sole occupant, the pilot would fly from the rear seat. With a passenger, it was typical for the pilot to fly from the rear seat.

The airplane was maintained under an annual inspection program. A review of the maintenance records indicated that an annual inspection had been completed on May 15, 2016, at an unknown airframe total time and a tachometer time of 205.22. The airplane had flown approximately 40.54 hours between the last inspection and the accident.

Restraint Systems

The airplane was equipped with four-point restraint systems for both the front and rear seat positions. The front and rear seat shoulder harnesses had a data tag that read "Hooker Custom Harness, Inc." The model number was 2Y482430-3D and the date of manufacture was August 4, 2015. The front and rear seat lap belts had a data tag that read "Hooker Custom Harness, Inc". The model number was 2062340 and the date of manufacture was August 4, 2015.

In a telephone interview with the pilot's father, who was a member of the family partnership that owned the airplane, he stated that he had replaced the shoulder harnesses in the airplane in June 2016. There was no logbook entry for this replacement nor was a specific supplemental type certificate (STC) referenced. According to a representative with Hooker Custom Harnesses, Inc, they do not sell an STC specific to the Piper J3 airplane.

There were no logbook entries identifying when the shoulder harnesses were first installed in the airplane or who performed the work. In addition, a review of the FAA airworthiness records did not contain any paperwork showing that this major alteration was done. In a follow-up email, the pilot's father stated that the airplane was rebuilt in 2013. He vaguely recalled being asked by the mechanic who rebuilt the airplane to order F Atlee Dodge fittings for the shoulder harness. A review of the F Atlee Dodge website revealed that they do not sell an STC for shoulder harnesses specific to the Piper J3 airplane.

In September 2000 the FAA issued Policy Statement ACE-00-23.561-01 "Issuance of Policy Statement, Methods of Approval of Retrofit Shoulder Harness Installations in Small Airplane." This document presented the guidelines for approval of retrofit shoulder harness installations. According to the document, a retrofitted shoulder harness installation in a small airplane may receive approval by STC, field approval, or as a minor change. An STC was identified as the "most desirable and most rigorous" approval method. A field approval would be "appropriate for alterations that involve little or no engineering." Approval as a minor change that would have no "appreciable effect" on the structural strength or airworthiness of the airplane. All three methods required a logbook entry and, for the STCs and field approvals, the completion of an FAA for 337 "Major Repair and Alteration". METEOROLOGICAL INFORMATIONAccording to a sun position calculator, the sun was at an azimuth of 280° and an inclination of 21° above the horizon at the time of the accident. AIRPORT INFORMATIONThe airplane, a Piper J3C-65 (serial number 6144), was manufactured in 1941. It was registered with the FAA and held a standard airworthiness certificate for normal operations. The airplane was not equipped with shoulder harnesses when it was manufactured. A Continental C85-12F engine, rated at 85 horsepower at 2,575 rpm, powered the airplane. The engine was equipped with a McCauley 2-blade propeller.

The airplane was equipped with two tandem seats and dual flight controls. The instrument panel was just forward of the front seat. When the pilot was the sole occupant, the pilot would fly from the rear seat. With a passenger, it was typical for the pilot to fly from the rear seat.

The airplane was maintained under an annual inspection program. A review of the maintenance records indicated that an annual inspection had been completed on May 15, 2016, at an unknown airframe total time and a tachometer time of 205.22. The airplane had flown approximately 40.54 hours between the last inspection and the accident.

Restraint Systems

The airplane was equipped with four-point restraint systems for both the front and rear seat positions. The front and rear seat shoulder harnesses had a data tag that read "Hooker Custom Harness, Inc." The model number was 2Y482430-3D and the date of manufacture was August 4, 2015. The front and rear seat lap belts had a data tag that read "Hooker Custom Harness, Inc". The model number was 2062340 and the date of manufacture was August 4, 2015.

In a telephone interview with the pilot's father, who was a member of the family partnership that owned the airplane, he stated that he had replaced the shoulder harnesses in the airplane in June 2016. There was no logbook entry for this replacement nor was a specific supplemental type certificate (STC) referenced. According to a representative with Hooker Custom Harnesses, Inc, they do not sell an STC specific to the Piper J3 airplane.

There were no logbook entries identifying when the shoulder harnesses were first installed in the airplane or who performed the work. In addition, a review of the FAA airworthiness records did not contain any paperwork showing that this major alteration was done. In a follow-up email, the pilot's father stated that the airplane was rebuilt in 2013. He vaguely recalled being asked by the mechanic who rebuilt the airplane to order F Atlee Dodge fittings for the shoulder harness. A review of the F Atlee Dodge website revealed that they do not sell an STC for shoulder harnesses specific to the Piper J3 airplane.

In September 2000 the FAA issued Policy Statement ACE-00-23.561-01 "Issuance of Policy Statement, Methods of Approval of Retrofit Shoulder Harness Installations in Small Airplane." This document presented the guidelines for approval of retrofit shoulder harness installations. According to the document, a retrofitted shoulder harness installation in a small airplane may receive approval by STC, field approval, or as a minor change. An STC was identified as the "most desirable and most rigorous" approval method. A field approval would be "appropriate for alterations that involve little or no engineering." Approval as a minor change that would have no "appreciable effect" on the structural strength or airworthiness of the airpla...