14 CFR Part 91: General Aviation
Accident occurred Thursday, February 14, 2013 in Yeehaw Junction, FL
Probable Cause Approval Date: 12/11/2013
Aircraft: CESSNA 310H, registration: N104DR
Injuries: 3 Fatal.
NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
The noninstrument-rated pilot, copilot, and the passenger were attempting to return from the Bahamas to Florida; a weather front was passing over Florida at the time. The copilot had contacted flight service before the initial flight and learned of thunderstorms in the area; the flight had to divert from its planned destination. The copilot contacted flight service before a second flight, and the flight service specialist advised that visual flight rules flight was not recommended due to low cloud ceilings and visibility. The pilot decided to land at an airport closer to his destination. At that airport, the copilot again contacted flight service and remarked that he was trying to figure out how to "scud run" to get home. He also spoke to his wife, who told him that the weather "was bad" at their final destination, and she reported that she thought they would delay their flight until the next day. Even though his calls to the weather briefer and his wife indicated adverse weather along the route of flight and at the destination, the copilot likely advised the pilot to continue the flight. About 20 minutes into the flight, the copilot contacted the Orlando approach controller and reported that they had inadvertently entered instrument meteorological conditions (IMC). The controller instructed him to set the transponder code to 0311 so that she could locate the airplane and then to contact Miami Center; however, no further communications were received from the copilot.
Review of radar data revealed that, shortly after contacting Orlando Approach control, while the controller was attempting to locate the airplane, it descended in three left circuits from 8,900 feet mean sea level (msl) to 1,800 feet msl. It subsequently made a right circuit, descended to 900 feet msl, and continued to proceed toward the destination airport, eventually descending to 200 feet msl. The last 3 minutes of radar data showed the airplane flying at an altitude between 100 and 200 feet msl. The final radar target was recorded while the airplane was in a left circuit at 200 feet, about 1/8 mile southwest of the accident site. The wreckage was located the following day in a heavily wooded, deep water, swamp area, and no debris path was observed. Given the radar data and the existence of marginal visual conditions, moderate rain, and the pilot not being instrument rated, it is likely that the pilot experienced spatial disorientation.
Two toxicological tests revealed measurements of diphenhydramine in the pilot's blood at levels within or well above the therapeutic range indicating that the pilot likely took the drug about 2 to 3 hours before the accident. Diphenhydramine causes marked sedation and is also classed as a depressant and used as a sleep aid. Altered mood and impaired cognitive and psychomotor performance may also be observed. Therefore, it is very likely that cognitive and psychomotor impairment caused by diphenhydramine contributed to the pilot's poor judgment about flying in marginal weather conditions and may have further impaired his ability to appropriately cope with relatively unfamiliar flying conditions when he flew into IMC.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The noninstrument-rated pilot's improper decision to continue visual flight rules flight into instrument meteorological conditions and his subsequent spatial disorientation. Contributing to the accident was the copilot's improper evaluation of the weather conditions after receiving several weather briefings for the flight. Also contributing to the accident was the pilot-in-command's cognitive and psychomotor impairment due to recent use of an overthecounter sedating antihistamine and the pilots' personal pressure to get home.
HISTORY OF FLIGHT
On February 14, 2013, about 1630 eastern standard time, a Cessna 310H, N104DR, operated by a private individual, was substantially damaged during impact with terrain, while maneuvering near Yeehaw Junction, Florida. The private pilot, pilot-rated passenger and a second passenger were fatally injured. Marginal visual meteorological conditions prevailed and no flight plan was filed for the flight that departed Sebastian Municipal Airport (X26), Sebastian, Florida, about 1600; destined for Bartow Municipal Airport (BOW), Bartow, Florida. The personal flight was conducted under the provisions of 14 Code of Federal Regulations Part 91.
According to information from the Federal Aviation Administration (FAA), earlier during the day of the accident, the airplane flew uneventfully from Nassau, Bahamas to Palm Beach International Airport (PBI), West Palm Beach, Florida. The airplane arrived at PBI about 1200, cleared U.S. Customs, and the pilot purchased 20 gallons of aviation gasoline at 1338.
About 1455, the pilot-rated-passenger contacted Vero Beach Municipal Airport (VRB), Vero Beach, Florida air traffic control tower and advised that he was "scud running up the coast" at 500 feet to X26. The controller responded that the transition through the VRB airspace was approved and she provided the current altimeter setting. The pilot-rated-passenger acknowledged the controller's transmission and no further communications from the accident airplane were received by VRB tower.
The airport manager at X26 stated that the accident airplane landed there about 1515 and parked on the ramp for approximately 45 minutes. During that time, the occupants remained in the airplane and did not come in to the fixed based operator. The airplane then departed about 1600 and flew northwest.
The pilot's wife stated that he had telephoned her while at X26. He had intended to clear U.S. Customs at Saint Lucie County International Airport (FPR), Fort Pierce, Florida, but diverted to PBI due to weather. The pilot's wife then told him that the weather was bad in Winter Haven, Florida, as it was rainy and dark. The pilot's wife believed that he was going to stay at X26 overnight.
The pilot-rated-passenger subsequently contacted Orlando Approach at 1620 and reported that the flight had entered inadvertent instrument meteorological conditions and he needed assistance. The approach controller acknowledged the transmission and instructed the pilot-rated-passenger to set the airplane's transponder code to 0311. The pilot-rated-passenger then asked at what height the tops of clouds were and could he climb out of them. The controller replied that she needed the transponder code set to 0311 to find him and asked if he knew their position; however, no further communications were received from the accident airplane. The controller then instructed the pilot-rated-passenger that if he could hear her, to contact Miami Center 135.7. The controller subsequently transmitted that VRB was 8 miles east of their current position. No communications from the accident airplane were received by Miami Center.
Review of radar data revealed that the first target with a 0311 transponder code was recorded at 16:22:13, indicating 8,900 feet above mean sea level (msl), about 10 miles southwest of X26. The airplane then completed three left circuits and descended to 1,800 feet at 16:24:14. It subsequently made a right circuit, descending to 900 feet and proceeded southwest, eventually descending to 200 feet at 16:27:07. During the last 3 minutes of radar data, the airplane was traveling southwest between 100 and 200 feet msl. The final target was recorded at 16:29:56, while the airplane was in a left circuit at 200 feet, about 1/8 mile southwest of the accident site.
PILOT INFORMATION
The pilot, age 67, held a private pilot certificate with ratings for airplane single-engine land, airplane single-engine sea, and airplane multiengine land. The pilot did not possess an instrument rating. He also held a third-class medical certificate, which was issued on August 7, 2011. At that time, the pilot reported a total flight experience of 375 hours. The pilot's logbook was not recovered. The pilot received his multiengine rating on September 20, 2011. At that time, he reported a total flight experience of 391 hours; of which, 54 hours were in a Cessna 310H. On the application to add the rating, the pilot noted a total instrument experience of 3.3 hours. The application did not specify if the 3.3 hours were actual or simulated instrument experience.
The pilot-rated-passenger, age 65, held a commercial pilot certificate with ratings for airplane single-engine land, airplane single-engine sea, rotorcraft helicopter, instrument helicopter and instrument airplane. The pilot-rated-passenger did not possess a multiengine rating. His most recent third-class medical certificate was issued on July 26, 2012. At that time, he reported a total flight experience of 4,515 hours. The pilot-rated-passenger's logbook was not recovered. His wife reported that although he held an instrument rating, he was not instrument current.
AIRCRAFT INFORMATION
The six-seat, low-wing, retractable tricycle-gear airplane, serial number 310H0021, was manufactured in 1962. It was powered by two Continental Motors IO-470D, 260-horsepower engines, each equipped with a Hartzell constant-speed propeller. Review of the airplane's logbooks revealed that its most recent annual inspection was completed on August 1, 2012. At that time, the airplane had accumulated 5,662.1 total hours of operation. The engines had accumulated 912.7 hours since factory remanufacture.
METEOROLOGICAL INFORMATION
At 0822, the pilot-rated-passenger telephoned flight service and identified himself as the copilot. He asked if there was a flight plan on file and the flight service specialist (briefer) replied no. He then asked for the forecast weather from FPR to BOW for 1500, as he wanted to know if a weather front was going to move out of the area by that time. The briefer then provided an outlook briefing and stated that a cold front was moving south; however, the back end of the front was still in central and north Florida, and it would remain over central Florida for the next 12 hours. The enroute forecast included scattered light rain showers and a chance of widely scattered thunderstorms. The briefer encouraged the pilot-rated-passenger to call back for an update and the pilot-rated-passenger then filed a visual flight rules (VFR) flight plan from Nassau, Bahamas to FPR.
The pilot-rated-passenger called flight service a second time at 1232, and advised that he was planning to fly VFR from PBI to BOW, but was concerned about the cold front. The briefing included information about adverse weather conditions throughout the entire route of flight. Specifically, rain and isolated embedded thunderstorms with moderate to heaving precipitation were forecast for the route of flight. The briefer also remarked about thunderstorms over the Gulf of Mexico that were moving east at 15 knots and would merge with the current thunderstorms over the current route. The pilot-rated-passenger responded that he was looking at weather radar and could see what the briefer was referring to. The briefer added that moderate to heavy precipitation would create low ceilings and visibility and that VFR flight was not recommended. The briefer also mentioned the forecast called for the weather system to become stationary over central Florida throughout the night.
The pilot-rated-passenger called flight service a third time at 1331 and requested the current ceilings at Okeechobee Country Airport (OBE), Okeechobee, Florida and BOW. The briefer responded that OBE was low instrument flight rules (IFR) with an overcast ceiling at 400 feet and visibility 5 miles. The current weather at BOW was marginal VFR with an overcast ceiling at 4,400 feet and visibility 5 miles in light rain. The briefer also provided an area forecast that included broken ceilings at 3,000 to 4,000 feet with widely scattered thunderstorms and moderate precipitation, with possible severe thunderstorms. The pilot-rated-passenger remarked that he was looking at the weather radar and trying to figure out how to "scud run" and get home to BOW and added that it looked like the thunderstorms were breaking up a little bit. The briefer acknowledged that the lines of thunderstorms were breaking up a bit; however, more thunderstorms were moving into the area from Fort Myers. The pilot-rated-passenger concluded that he was going to watch the weather radar a little longer and see what happens.
Vero Beach Municipal Airport (VRB), Vero Beach, Florida, was located 16 miles east of the accident site. The recorded weather at VRB at 1627 included wind from 360 degrees at 9 knots; visibility 10 miles; overcast ceiling at 1,500 feet; temperature 18 degrees C; dew point 16 degrees C; altimeter 29.96 inches of mercury. The weather recordings at 1653 and 1659 included rain and heavy rain, respectively.
Review of the airplane's radar track, overlaid on weather radar, revealed that the accident site was in an area of moderate precipitation. Additionally, a pilot report was received from an Airbus A320 at 1557, when the airplane was 20 miles northeast of Naples, Florida at 11,000 feet. The report included light to moderate turbulence with heavy rain, and a remark "would not recommend anyone flying this route." (For additional information, see the Meteorology Study in the NTSB Public Docket.)
WRECKAGE INFORMATION
The wreckage was located upright in a densely wooded swamp with water depths up to 5 feet. Airboats were unable to access the wreckage and the victims were recovered by emergency responders utilizing U.S. Coast Guard helicopters. Aerial photographs, provided by the Indian River County Sheriff Department revealed that the airplane remained intact, with the exception of the left wing tip (main) fuel tank and the empennage, which were located in the vicinity of the main wreckage. No debris path through the trees was observed.
About 4 weeks later, an officer from the Florida Fish and Wildlife Conservation Commission was able to cut through vegetation and trees with an airboat to recover personal effects; however, the site was about 1.5 miles from the nearest road and the terrain did not allow for ground equipment to access the wreckage.
The airplane's insurance carrier was contacted about an aerial recovery, but the pilot was not a named insured on the airplane's insurance policy and did not meet the flight experience requirements to be a named insured on the policy. As such, the insurance carrier did not recover the wreckage and at the publication of this report, the wreckage has not been recovered for examination.
MEDICAL AND PATHOLOGICAL INFORMATION
Autopsies were performed on the pilot and pilot-rated-passenger by the State of Florida District 19 Medical Examiner's Office, Fort Pierce, Florida, on February 18, 2013. The cause of death for both pilots was noted as "Multiple Blunt Trauma Injuries." Toxicological testing performed at the request of the pathologist identified 0.272 mg/L of diphenhydramine (marketed under trade name Benadryl, Unisom, etc.) in the pilot's blood. Toxicological testing was performed on the pilot by the FAA Bioaeronautical Science Research Laboratory, Oklahoma City, Oklahoma. Review of the toxicological report revealed:
"Cetirizine detected in Urine
Cetirizine detected in Blood
0.535 (ug/ml, ug/g) Diphenhydramine detected in Blood
Diphenhydramine detected in Urine"
Toxicological testing was performed on the pilot-rated-passenger by the FAA Bioaeronautical Science Research Laboratory, Oklahoma City, Oklahoma. Review of the toxicological report revealed:
"Amlodipine detected in Urine
Amlodipine NOT detected in Blood
Ibuprofen detected in Urine
Naproxen detected in Urine"
Kit Cody
Kit Cody celebrates his 1,000th parachute jump in 2008.
(Photo by Ken Blackbird)
Rob Kreiger
Rob Kreiger of Winter Haven was among three people found dead Friday in the wreckage of a small plane that crashed Thursday near Vero Beach.
PIERRE DUCHARME | THE LEDGER (2011)
Missing Cessna 310 plane found in Indian River County
Photographer: WPTV
Missing Cessna 310 plane found in Indian River County, Coast Guard assists with recovery.
Photographer: WPTV
Longtime Cody businessman Kit Cody, his brother Barry Cody and their friend Rob Krieger of Florida have been killed in the crash of a small plane in Florida.
Family members in Cody confirmed the accident happened Thursday night or Friday morning, but said details remain sketchy. The crash site is under investigation by the Federal Aviation Administration.
Kit and Barry are great-grandsons of William F. “Buffalo Bill” Cody, one of the founders of Cody.
The Cody brothers spent winters in Winter Haven, Fla. Barry Cody visited Cody often. Rob Krieger lived in Florida.
Kit Cody, who owns the Green Gables Motel in Cody, also previously owned other motels in Cody and in the Orlando, Fla., area.
Kit Cody’s son-in-law Bryan Edwards said the three were on one of Kit’s two airplanes and had been “island hopping” in the Bahamas before the accident occurred in the wooded Fort Drum Marsh Conservation Area, west of Vero Beach, Fla., and southeast of Orlando.
Edwards said he assumes the accident happened Friday morning “because Kit checked in Thursday night.”
Kit’s wife Linda was supposed to make the trip but, at the last minute, did not go. He also is survived by his children, Kellie Edwards, 39, of Cody and Kevin Cody, 37, of Atlanta, Ga., and brother Bill Garlow of Cody.
In September 2008, Kit Cody, at age 63, made his 1,000th parachute jump, landing in Mentock Park in Cody to a gathering of friends and well-wishers.
Following the jump he said, “This was a good jump. Any jump you can walk away from is a great jump. In all my 1,000 jumps, I’ve never had a close call, and I hope the next 1,000 jumps will go as well.”
He began skydiving in the military 1964-67. Raised in Florida, Kit Cody moved to Cody in 1968 and started Rivers Runners. He later went into the motel business.
http://www.codyenterprise.com
http://www.kriegerelectricinc.com
WINTER HAVEN | The bodies of a Winter Haven businessman and two of Buffalo Bill's great-grandsons were found Friday in the wreckage of a small plane that crashed in a marsh near Vero Beach, according to authorities.
Indian River County Sheriffs deputies are not identifying the three deceased, but a Winter Haven lawyer said one of the three men was his friend Rob Krieger, 65, owner of Krieger Electric in Winter Haven.
Kerry Wilson said Krieger and two others were in the Cessna 310 that crashed late Thursday afternoon while flying in inclement weather.
The Cody Enterprise newspaper of Cody, Wyoming, reported Friday night that the other two men are Kit Cody and Barry Cody, great-grandsons William “Buffalo Bill” Cody, known for his organized wild west shows that toured throughout the United States and abroad in the late 1800s and early 1900s.
The plane crashed at 4:54 p.m. Thursday in a remote area of the Fort Drum Conservation Area about 20 miles west of Vero Beach but the wreckage was not found until Friday because of bad weather Thursday night, according to the National Transportation Safety Board and other authorities.
Indian River County Sheriff spokesman Thom Raulen said the wreckage was found around 10 a.m. today in an area accessible only by helicopter.
The plane, which was headed to Bartow, had landed at nearby Sebastian Airport after taking off from the Bahamas, Raulen said.
Officials have made a tentative identification of the three deceased people and have notified next of kin but won't release the names until positive identification can be made, likely sometime Saturday, Raulen said.
Wilson said Krieger's death will be a huge loss to Winter Haven.
Krieger, who was a helicopter pilot in Vietnam, built Winter Haven-based Krieger Electric from the ground up and was a huge supporter of the Citrus Center Boys & Girls Club in Winter Haven.
“He's just was a larger than life figure,” Wilson said. “He was just one of those great, great men who come along every now and then. I can definitely say 1,000 children in our community owe a lot to Rob Krieger.”
Krieger was also an avid outdoorsman, Wilson said.
“He was the best ... duck hunter, and he was the best ... fisherman I've ever come across,” Wilson said. “And he was just generous about everything.”
Kit Cody had a winter residence in Winter Haven, said Tom Oldt, a Winter Haven investment advisor and friend of Krieger.
The Cody Enterprise reported that Kit Cody's wife, Linda, was supposed to make the trip to the Bahamas with the three men but canceled at the last minute.
http://www.theledger.com
INDIAN RIVER COUNTY — Federal investigators Saturday will spend their second day in a marsh area of western Indian River County as their survey the wreckage of a plane crash that took three lives Thursday.
The Cessna 310 private plane left Okeechobee Thursday afternoon en route to Bartow, according to the Federal Aviation Administration. The FAA lost contact with the aircraft when it was flying about 15 miles west of Fort Pierce at 4:35 p.m. Thursday. Aerial searches for the plane Thursday were not successful.
Friday morning, the crash site was discovered about 20 miles west of Vero Beach in the Fort Drum Conservation Area, according to the National Transportation Safety Board.
Indian River County Fire Rescue officials said they were asked about 10:30 a.m. to assist law enforcement and the NTSB in creating a path to the crash site. Assistant Fire Chief Brian Burkeen said a review of the ground conditions led them to conclude it wouldn't be possible to drive to the wreckage.
Instead, paramedics boarded a U.S. Coast Guard helicopter and were lowered into the marsh to remove the crash victims Friday, Burkeen said.
NTSB investigators will return to the scene Saturday. There was no information about when the plane wreckage would be retrieved. NTSB officials said a preliminary cause for the crash would not be available until the end of the month.
The Indian River County Sheriff's Office said the identities of the travelers could be released Saturday.
http://www.tcpalm.com
INDIAN RIVER COUNTY — Local officials said they are assisting federal authorities to reach the crash site of a plane in the Fort Drum Conservation Area in the western part of Indian River County.
Indian River County Fire Rescue officials said they were asked about 10:30 a.m. to assist law enforcement and the National Transportation Safety Board in creating a path to the crash site, located in a remote area of Fort Drum. Assistant Fire Chief Brian Burkeen said firefighters were still at the scene as of 1:30 p.m.
The Federal Aviation Administration did not have the number of people who were on board when the Cessna 310 aircraft took off.
FAA spokesperson Kathleen Bergen said a Miami control tower lost contact with the Cessna as it was flying about 15 miles west of Fort Pierce at about 4:35 p.m. Thursday.
The FAA immediately issued an ALNOT, which is an Alert notice, to airports and authorities to begin searching for the aircraft.
St. Lucie County rescue units searched for the plane Thursday, but had to suspend the search later in the evening because the “weather was too bad,” according to St. Lucie County Sheriff's Office spokesperson Mark Weinberg.
The FAA could not say who was on board, where the plane departed from, or where it was headed.
http://www.wptv.com
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