Wednesday, December 09, 2020

Davey v. Lucovitaal et al: Fired aircraft mechanic claims CBD companies sold impure products

New York Southern District Court 
Judge: Vincent L Briccetti
Case #: 7:20-cv-05726
Nature of Suit 370 Torts - Personal Property - Other Fraud
Cause 18:1961 Racketeering (RICO) Act
Case Filed: Jul 23, 2020
Re-opened: Nov 25, 2020
Terminated: Nov 23, 2020



An aircraft mechanic who was fired for testing positive for THC, the psychoactive component of marijuana, is suing distributors of cannabinoid capsules for allegedly misrepresenting their products as THC-free.

Jon-Michael Davey of Nyack is demanding compensation from Dutch companies Lucovitaal and PK Benelux BV, in a lawsuit filed in U.S. District Court, White Plains.

“Due to the combined misrepresentations and misconduct of the defendants,” Davey claims, he “lost his good employment and livelihood.”

As an aircraft maintenance technician licensed by the Federal Aviation Administration, Davey was subject to random drug tests.

The cannabinoid component of cannabis – CBD – is similar to THC but does not cause the cannabis high, and several states have enacted medical marijuana laws that allow use of CBD to treat pain, inflammation, anxiety and other conditions.

Last year, Davey developed pain in his hands and elbows and was diagnosed with carpal tunnel syndrome. He said he researched the use of pure CBD, used it and did not fail a drug test.

Davey claims that Lucavitaal and PK Benelux advertise and label their CBD products as pure, leading him to believe that he could use them and pass a drug test.

In October 2019, he ordered CBD capsules from their website.

He passed a random drug test the following month, according to the complaint. In February he ordered another batch. On May 7, he was tested again.

He claims he had not smoked marijuana or used any marijuana products for fear of losing his job.

A week later, the medical review officer for his employer, Mountain Aviation, told him he had tested positive for THC.

The news so rattled him, according to the complaint, that he was treated for a panic attack at a hospital emergency room.

On May 17, Mountain Aviation fired him.

Davey said that PK Benelux’s certificate of analysis shows a measurable amount of THC in the CBD capsules and that an independent lab found measurable levels in two samples of his capsules.

He claims that a June 19 hair follicle test, “as expected,” found no presence of marijuana or THC in his system for the previous 90 days.

He accuses Lucovitaal and PK Benelux of false advertising, for allegedly misrepresenting their products as safe and legal, as in compliance with New York and federal laws, as containing no THC, and as 100% pure CBD.

He also accuses them of racketeering, fraud, negligence and selling defective products. He is demanding unspecified damages.

The lawsuit was filed in July, dismissed by the court in October for failure to serve the defendants with the complaint, and reopened November 25th.

Manhattan attorney Jeffrey Benjamin, representing Davey, told U.S. District Judge Vincent Briccetti by letter November 25th that he and the defendants’ attorney, Alan R. Levy of Parsippany, New Jersey “have spoken and discussed early settlement.”

Levy did not immediately respond to a request for his clients’ side of the story.

Rents reductions coming at Bend Municipal Airport (KBDN) after tenant outcry

Ryan Neil, co-owner of Specialized Aero Works, moves an airplane from a hangar his company rents at the Bend Airport on July 29th, 2020.


Some tenants at Bend Municipal Airport will likely pay lower rents after pilots protested rent hikes that were implemented this summer.

The Bend City Council will decide whether to adopt new, lower rates for T-Hangar tenants at its next meeting December 16th, though the council showed support for the new rates at its meeting last December 2nd.

If the council approves, rents will be $10 to $30 less per month for most T-Hangar tenants, depending on the type of hangar, according to city documents. The reduction means the city can expect to receive $220,000 less over five years in rental revenue, said Carolyn Eagan, the city’s economic development director.

In August, the city increased rents at the airport by 21% to 41% for most businesses and private pilots who rent hangars at the airport. But several tenants soon afterward said they were left out of the discussion and that rates were artificially high because they were based on an appraisal  they believe was done incorrectly this spring.

After the outcry, the appraiser, David Chudzik, revised the appraisal, which looks at rents at other airports around the state to help create an estimate for Bend. He adjusted the rates down.

“After much input from users, we requested that the appraiser review the comparables and methodology used and report back to us, as some of the increases were fairly significant,” Tracy Williams, the city’s airport manager, said in an email sent to airport tenants.

Some of the changes in the new appraisal include correcting an error in the reported T-Hangar rent for Corvallis Municipal Airport,  according to a letter to the city from Chudzik dated September 30th. The original report listed high rental rates per square foot. More rental data of publicly-owned hangars at the Bend airport were also added in the revised appraisal.

The revisions ultimately led Chudzik to lower market-rate rents in the appraisal, but pointed out that rates at Bend Municipal Airport are higher than other airports in Eastern Oregon because median net income of the surrounding area is considered when setting rents.

“In the original appraisal, in setting market rent rates, emphasis was placed on relatively high rent rates typically charged by profit-oriented private developers like SGS Development, an owner and developer of hangars at Bend Municipal Airport,” Chudzik wrote in the letter. “In the revised report, more consideration is given to existing rent rates at City-owned hangars and well as at other airports including Redmond Municipal Airport, where airport administrators have not conducted a formal process to re-set rents to a market level for many years.”

While the reduction in rent is a good place to start, Kim Muinch, the director of the Oregon Pilots Association Central and Eastern district, said just approving the new rates is not enough.

Muinch said he and other tenants feel as though they are getting charged “top sirloin prices for hamburger-level services.” Basically, he believe tenants are getting charged more than they should for an airport that doesn’t have all the amenities others may have, like taxiway lighting or a control tower.

“We're all for improving, but there's nothing on the table saying ‘We are making it better,’” he said.

Williams, the city's airport manager, said the increase in rates do go toward funding five year's worth of improvements at the airport, including an air traffic control tower. 

"It's not being used to fund the general fund," Williams said, referring to a city fund made up of mostly general property tax revenue. "In fact, the general fund subsidizes the airport."

Muinch also wants the city to refund tenants who have been paying the higher rents since August. Currently, the new rates, if adopted, are set to start February 1st, according to city documents.

"OK you guys have owned up that this was a faulty appraisal...now go ahead and make good on it," he said.

Loss of Control on Ground: Cub Crafters CCX-2000, N3XC; Accident occurred February 28, 2020 at Sonoma Valley Airport (0Q3), Schellville, Sonoma County, California




Aviation Accident Final Report - National Transportation Safety Board

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Oakland, California

Investigation Docket - National Transportation Safety Board:

Hangar C-403 LLC


Location: Sonoma/Schellville, CA 
Accident Number: WPR20CA103
Date & Time: 02/28/2020, 1245 PST
Registration: N3XC
Aircraft: CubCrafters FX-3
Aircraft Damage: Substantial
Defining Event: Loss of control on ground
Injuries: 2 None
Flight Conducted Under: Part 91: General Aviation - Personal 

Analysis

The pilot reported that, during a wheel landing in the tailwheel-equipped airplane, he inadvertently applied left brake pressure, and the airplane veered off the edge of the runway into tall grass. The pilot's corrective action was ineffective, and the airplane subsequently impacted an irrigation ditch, which resulted in substantial damage to the nose and firewall. The pilot reported that there were no preaccident mechanical malfunctions or failures with the airplane that would have precluded normal operation.

Probable Cause and Findings

The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot's inadvertent activation of the left brake during the landing roll, which resulted in a loss of directional control, a runway excursion, and collision with a ditch.

Findings

Personnel issues Aircraft control - Pilot
Aircraft Directional control - Not attained/maintained
Aircraft Brake - Unintentional use/operation
Personnel issues Use of equip/system - Pilot
Environmental issues Sloped/uneven terrain - Effect on operation

Factual Information

History of Flight

Landing-landing roll Miscellaneous/other
Landing-landing roll Loss of control on ground (Defining event)
Landing-landing roll Runway excursion
Landing-landing roll Attempted remediation/recovery
Landing-landing roll Collision with terr/obj (non-CFIT)

Pilot Information

Certificate: Private
Age: 63, Male
Airplane Rating(s): Multi-engine Land; Single-engine Land; Single-engine Sea
Seat Occupied: Front
Other Aircraft Rating(s): None
Restraint Used:
Instrument Rating(s): Airplane
Second Pilot Present: No
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Class 3 With Waivers/Limitations
Last FAA Medical Exam: 02/24/2020
Occupational Pilot: No
Last Flight Review or Equivalent: 03/29/2019
Flight Time:  3600 hours (Total, all aircraft), 86 hours (Total, this make and model), 3500 hours (Pilot In Command, all aircraft), 8 hours (Last 90 days, all aircraft), 5 hours (Last 30 days, all aircraft), 2 hours (Last 24 hours, all aircraft) 

Aircraft and Owner/Operator Information

Aircraft Make: CubCrafters
Registration: N3XC
Model/Series: FX-3
Aircraft Category: Airplane
Year of Manufacture: 2019
Amateur Built:Yes 
Airworthiness Certificate: Experimental
Serial Number: CCX-2000-0042
Landing Gear Type: Tailwheel
Seats: 2
Date/Type of Last Inspection: 01/22/2020, Condition
Certified Max Gross Wt.: 2000 lbs
Time Since Last Inspection:
Engines: 1 Reciprocating
Airframe Total Time: 188 Hours at time of accident
Engine Manufacturer: Superior
ELT: C91 installed, activated, did not aid in locating accident
Engine Model/Series: CC363i
Registered Owner: Hangar C-403, LLC
Rated Power: 185 hp
Operator: Hangar C-403, LLC
Operating Certificate(s) Held:None 

Meteorological Information and Flight Plan

Conditions at Accident Site: Visual Conditions
Condition of Light: Day
Observation Facility, Elevation: KO69, 89 ft msl
Distance from Accident Site: 7 Nautical Miles
Observation Time: 1245 PST
Direction from Accident Site: 284°
Lowest Cloud Condition: Clear
Visibility:  10 Miles
Lowest Ceiling: None
Visibility (RVR):
Wind Speed/Gusts: Light and Variable /
Turbulence Type Forecast/Actual: None / None
Wind Direction: Variable
Turbulence Severity Forecast/Actual: N/A / N/A
Altimeter Setting: 30.05 inches Hg
Temperature/Dew Point: 18°C
Precipitation and Obscuration: No Obscuration; No Precipitation
Departure Point: Sonoma/Schellville, CA (0Q3)
Type of Flight Plan Filed: None
Destination: Sonoma/Schellville, CA (0Q3)
Type of Clearance: None
Departure Time: 1240 PST
Type of Airspace:

Airport Information

Airport: Sonoma Valley (0Q3)
Runway Surface Type: Grass/turf
Airport Elevation: 16 ft
Runway Surface Condition: Dry
Runway Used: 25
IFR Approach: None
Runway Length/Width: 2700 ft / 45 ft
VFR Approach/Landing: Traffic Pattern

Wreckage and Impact Information

Crew Injuries:1 None 
Aircraft Damage: Substantial
Passenger Injuries: 1 None
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion:None 
Total Injuries: 2 None
Latitude, Longitude: 38.220000, -122.450000 (est)

Piper PA-28-140, N79HA: Accident occurred February 28, 2020 at Maury County Airport (MRC), Pleasant, Tennessee

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board did not travel to the scene of this accident.

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Nashville, Tennessee


Location: Mount Pleasant, TN 
Accident Number: ERA20LA121
Date & Time: February 28, 2020, 15:30 Local 
Registration: N79HA
Aircraft: Piper PA28
Injuries: 2 None
Flight Conducted Under: Part 91: General aviation - Instructional

On February 28, 2020, about 1530 central standard time, a Piper PA-28-140, N79HA, was substantially damaged when it was involved in an accident at Maury County Airport (MRC), Pleasant, Tennessee. The flight instructor and student pilot were not injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 instructional flight.

According to the student pilot, they departed Springfield, Tennessee, for a local flight to MRC, where they had lunch and intended to practice soft-field takeoff and landing maneuvers. He stated that after engine startup, they discussed the soft-field takeoff procedure on the ramp for about 12-15 minutes. They then taxied to the runway and took off without performing an engine run-up. He stated that he did not note the engine rpm during the takeoff roll because his eyes were focused outside. About 900 ft down the turf runway, the airplane lifted off and he moved the yolk forward to maintain level flight while accelerating in ground effect. He attempted twice to climb, but on both attempts the airplane settled back into ground effect. He told the instructor, "It's still not climbing," and assessed the airplane's ability to clear the power lines at the edge of the airport property, which were at his eye-level. He made the decision to stay on the airport property, initiated a left turn, and the airplane descended to the ground.

According to the flight instructor, the airplane settled back into ground effect twice after the student attempted to raise the airplane's nose to climb. He instructed his student to make a left turn to avoid the power lines at the edge of the airport property and stated that the student banked more steeply than anticipated. He joined the student on the controls; however, the airplane descended and impacted the ground in a nose-low attitude. The nose landing gear was sheered, and the left wing sustained substantial
damage.

Examination of the wreckage by a Federal Aviation Administration aviation safety inspector revealed that the left wing displayed buckling from the leading to the trailing edge of the wing and the aileron was bent up.

The wreckage was retained for further examination.

Aircraft and Owner/Operator Information

Aircraft Make: Piper
Registration: N79HA
Model/Series: PA28 140 
Aircraft Category: Airplane
Amateur Built: No
Operator: On file
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC
Condition of Light: Day
Observation Facility, Elevation: MRC,681 ft msl
Observation Time: 15:35 Local
Distance from Accident Site:
Temperature/Dew Point: 8°C /-2°C
Lowest Cloud Condition: Few / 4300 ft AGL 
Wind Speed/Gusts, Direction: / 11 knots,
Lowest Ceiling:
Visibility: 10 miles
Altimeter Setting: 30.1 inches Hg 
Type of Flight Plan Filed: None
Departure Point: Mount Pleasant, TN (MRC) 
Destination: Mount Pleasant, TN (MRC)

Wreckage and Impact Information

Crew Injuries: 2 None
Aircraft Damage: Substantial
Passenger Injuries: 
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 2 None 
Latitude, Longitude: 35.554443,-87.179168

Plans for new multi-million dollar hangar construction begin at Oscoda-Wurtsmith Airport (KOSC)


OSCODA, Michigan – The Oscoda-Wurtsmith Airport could soon see the construction of another multi-million dollar aircraft hangar project.

Plans for the new facility, which will be named “Hangar 10” are in the works, according to  Don Nolan, Kalitta Air director of 145 heavy maintenance, who notified staff and others last week that steel has been ordered for the hangar project. 

Hangar 10, according to Nolan is supposed to be the largest one yet, coming in at 92,000 square feet of hangar space. The structure will be 115 feet tall with an estimated cost of $12 to $14 million. 

“It will be able to house any commercial or military aircraft currently in production or in service except the Airbus A-380 or the Antonov 225,” said Nolan. 

Currently the sole cost of construction will be provided by Kalitta according to Nolan; however, the Oscoda Wurtsmith Airport Authority (OWAA) have created a land lease agreement, as mentioned briefly during the OWAA November meeting. 

“Being built on the FAA’s AOA (Air Operations Area) the FAA allows you to build the structure once they approve the site plan. You pay for the construction, then lease the land it sits on back from the airport,” said Nolan. “You may own the building, but not the land. It’s how airports get funding to help offset operational and improvement costs.”

OWA Airport Manager Gary Kellan said the land lease agreement, which covers approximately 4.45 acres, is set for 25 years, starting on Jan. 1, 2021 to Sept. 30, 2046. 

“The continuing investment and growth by Kalitta Air is sincerely appreciated by the airport authority and I think we have a really good working relationship with their team and I’m excited for their growth,” said Kellan.

According to Kellan, in reference to the agreement, he said OWAA doesn’t charge rent while the company isn’t making any revenue on the building.  

“The rent is deferred from the time they break ground for 12 months and then after that 12 months it kicks in and there’s built-in increases every five years. Basically 10 percent every five years,” said Kellan. 

The agreement is set to be presented to the OWAA for approval at their Thursday meeting this week. Following the potential approval of the agreement, Kellan said that there’s also some requirements related to the Federal Aviation Administration (FAA) and airports that have to be taken care of. 

“You have to pursue and secure what’s called an airspace study. In other words the FAA and the Michigan Department of Transportation Bureau of Aeronautics does most of the work, but they sort of evaluate the proposed location and how it would impact airport operations and also plan development,” said Kellan. 

He said further that the authority has a document called the airport layout plan which lays out the envisioned land uses over time and is required to identify the proposed site as being part of that land use plan. 

“In short in satisfies the requirements of the airport’s master plan, but they have to get that confirmed through this airspace reverie. We’ve already done the Environmental Impact Study as well.” 

As far as the reason for the expansion, Nolan said that their fleet has doubled over the past few years and business in increasing. He said further that once the hangar there could be additional hires at the airport from Kalitta. 

“[Kalitta Air Owner Connie  Kalitta] is always growing the company. Great man to work for,” said Nolan. 

As far as construction, Nolan said he is hoping to break ground this spring as soon as the ground thaws, shooting for a completion date in 2022.

Abnormal Runway Contact: Learjet 35A, N721EC; Accident occurred February 29, 2020 at Altoona–Blair County Airport (KAOO), Pennsylvania







Aviation Accident Final Report - National Transportation Safety Board 

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; Allegheny, Pennsylvania

Investigation Docket - National Transportation Safety Board:

East Coast Jets Inc


Location: Altoona, PA 
Accident Number: ERA20CA120
Date & Time: 02/29/2020, 1235 EST
Registration:N721EC 
Aircraft: Learjet 35
Aircraft Damage: Substantial
Defining Event: Abnormal runway contact
Injuries: 2 None
Flight Conducted Under: Part 91: General Aviation - Positioning 

Analysis

The flight crew reported that, after an instrument landing system approach and during the landing flare, the airplane encountered a strong wind gust that pushed the airplane toward the edge of the runway, so they initiated a go-around. During the go-around, the left-wing tip tank struck the runway. The flight crew diverted to another airport where the weather conditions were more favorable, and after landing, examination of the airplane revealed that the left wing had sustained substantial damage. The calculated crosswind component was 18 knots at the time of landing. According to the Airplane Flight Manual, the maximum demonstrated crosswind component was 24.7 knots.

Probable Cause and Findings

The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot flying improper lateral bank control during a go-around in gusting wind conditions, which resulted in the left-wing tip tank striking the runway.

Findings

Personnel issues Aircraft control - Pilot
Aircraft Lateral/bank control - Not attained/maintained
Environmental issues Gusts - Effect on operation

Factual Information

History of Flight

Landing-flare/touchdown Other weather encounter
Landing-flare/touchdown Loss of control on ground
Approach-VFR go-around Abnormal runway contact (Defining event)

Pilot Information

Certificate: Airline Transport; Flight Instructor
Age: 57, Male
Airplane Rating(s): Multi-engine Land; Single-engine Land
Seat Occupied: Left
Other Aircraft Rating(s): None
Restraint Used:
Instrument Rating(s): Airplane
Second Pilot Present: Yes
Instructor Rating(s): Airplane Single-engine; Instrument Airplane
Toxicology Performed: No
Medical Certification: Class 1 Without Waivers/Limitations
Last FAA Medical Exam: 02/11/2020
Occupational Pilot: Yes
Last Flight Review or Equivalent: 10/11/2019
Flight Time:   6240 hours (Total, all aircraft), 1750 hours (Total, this make and model), 5495 hours (Pilot In Command, all aircraft), 114 hours (Last 90 days, all aircraft), 79 hours (Last 30 days, all aircraft), 1 hours (Last 24 hours, all aircraft)

Co-Pilot Information

Certificate: Airline Transport
Age: 70, Male
Airplane Rating(s): Multi-engine Land; Single-engine Land
Seat Occupied: Right
Other Aircraft Rating(s): None
Restraint Used:
Instrument Rating(s): Airplane
Second Pilot Present:Yes 
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Class 1 With Waivers/Limitations
Last FAA Medical Exam: 04/23/2019
Occupational Pilot: Yes
Last Flight Review or Equivalent: 08/30/2019
Flight Time:   33000 hours (Total, all aircraft), 3750 hours (Total, this make and model), 26210 hours (Pilot In Command, all aircraft), 50 hours (Last 90 days, all aircraft), 19 hours (Last 30 days, all aircraft), 1 hours (Last 24 hours, all aircraft)

Aircraft and Owner/Operator Information

Aircraft Make: Learjet
Registration: N721EC
Model/Series: 35 A
Aircraft Category: Airplane
Year of Manufacture: 1980
Amateur Built: No
Airworthiness Certificate: Transport
Serial Number: 355
Landing Gear Type: Retractable - Tricycle
Seats: 10
Date/Type of Last Inspection: 08/22/2019, Continuous Airworthiness
Certified Max Gross Wt.: 18001 lbs
Time Since Last Inspection:
Engines: 2 Turbo Fan
Airframe Total Time: 14859 Hours at time of accident
Engine Manufacturer: Honeywell
ELT: C126 installed, not activated
Engine Model/Series: TFE731-2C-2B
Registered Owner: East Coast Jets Inc.
Rated Power: 3500 lbs
Operator:East Coast Jets Inc 
Operating Certificate(s) Held: On-demand Air Taxi (135)

Meteorological Information and Flight Plan

Conditions at Accident Site: Instrument Conditions
Condition of Light: Day
Observation Facility, Elevation: AOO, 1503 ft msl
Distance from Accident Site: 0 Nautical Miles
Observation Time: 1235 EST
Direction from Accident Site: 0°
Lowest Cloud Condition:
Visibility:  
Lowest Ceiling: Broken / 1600 ft agl
Visibility (RVR):
Wind Speed/Gusts: 15 knots / 20 knots
Turbulence Type Forecast/Actual: None / None
Wind Direction: 300°
Turbulence Severity Forecast/Actual: N/A / N/A
Altimeter Setting: 29.93 inches Hg
Temperature/Dew Point: -4°C / -9°C
Precipitation and Obscuration: Light - Snow
Departure Point: Allentown, PA (ABE)
Type of Flight Plan Filed: IFR
Destination: Altoona, PA (AOO)
Type of Clearance: IFR
Departure Time: 1206 EST
Type of Airspace: Class E

Airport Information

Airport: Altoona-Blair County (AOO)
Runway Surface Type: Asphalt
Airport Elevation: 1503 ft
Runway Surface Condition: Dry
Runway Used: 21
IFR Approach: ILS
Runway Length/Width: 5465 ft / 100 ft
VFR Approach/Landing: None

Wreckage and Impact Information

Crew Injuries: 2 None
Aircraft Damage: Substantial
Passenger Injuries: N/A
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 2 None
Latitude, Longitude: 40.296389, -78.320000 (est)

Hard Landing: Piper PA-18-105 Super Cub, N1890A; Accident occurred February 29, 2020 in Santa Barbara, California

 





Aviation Accident Final Report - National Transportation Safety Board

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; Van Nuys, California

Investigation Docket - National Transportation Safety Board:


Location: Santa Barbara, California
Accident Number: WPR20CA105
Date & Time: February 29, 2020, 10:00 Local 
Registration: N1890A
Aircraft: Piper PA 18
Aircraft Damage: Substantial
Defining Event: Hard landing
Injuries: 1 Minor
Flight Conducted Under: Part 91: General aviation - Personal

Analysis

The pilot reported that, during the landing approach to a ridgeline airstrip, he deployed full flaps and descended to the touchdown point. About 15 ft above ground level, the airplane started to descend, which he failed to recognize and arrest. The pilot added that the approach speed was also a little too slow for the unstable air, which likely increased the descent rate. Subsequently, the airplane touched down hard short of the touchdown point, nosed over, and came to rest inverted. The left wing and empennage were substantially damaged. The pilot reported that there were no preaccident mechanical malfunctions or failures with the airplane that would have precluded normal operation.

Probable Cause and Findings

The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot's failure to maintain adequate airspeed during the approach, which resulted in a rapid descent rate, hard landing, and nose-over. 

Findings

Personnel issues Aircraft control - Pilot
Aircraft Airspeed - Incorrect use/operation
Aircraft Descent rate - Not attained/maintained

Factual Information

History of Flight

Approach Miscellaneous/other
Landing Hard landing (Defining event)
Landing Nose over/nose down

Pilot Information

Certificate: Private
Age: 48, Male
Airplane Rating(s): Single-engine Land
Seat Occupied: Front
Other Aircraft Rating(s): Helicopter
Restraint Used:
Instrument Rating(s): None
Second Pilot Present: No
Instructor Rating(s): None
Toxicology Performed: No
Medical Certification: Class 3 With Waivers/Limitations
Last FAA Medical Exam: 05/30/2018
Occupational Pilot: No
Last Flight Review or Equivalent: 06/20/2019
Flight Time:  1400 hours (Total, all aircraft), 700 hours (Total, this make and model), 1400 hours (Pilot In Command, all aircraft), 30 hours (Last 90 days, all aircraft), 10 hours (Last 30 days, all aircraft) 

Aircraft and Owner/Operator Information

Aircraft Make: Piper
Registration: N1890A
Model/Series: PA 18 125
Aircraft Category: Airplane
Year of Manufacture: 1952
Amateur Built: No
Airworthiness Certificate: Normal
Serial Number: 18-1723
Landing Gear Type: Tailwheel
Seats: 1
Date/Type of Last Inspection: 01/07/2020, Annual
Certified Max Gross Wt.: 2000 lbs
Time Since Last Inspection: 8 Hours
Engines: 1 Reciprocating
Airframe Total Time: 5267 Hours as of last inspection
Engine Manufacturer: Lycoming
ELT: C91 installed, activated, did not aid in locating accident
Engine Model/Series: O-235 SERIES
Registered Owner: On file
Rated Power: 160 hp
Operator:On file 
Operating Certificate(s) Held: None

Meteorological Information and Flight Plan

Conditions at Accident Site: Visual Conditions
Condition of Light: Day
Observation Facility, Elevation: , 13 ft msl
Distance from Accident Site:
Observation Time: 0953 PST
Direction from Accident Site:
Lowest Cloud Condition: Few / 500 ft agl
Visibility:  10 Miles
Lowest Ceiling:
Visibility (RVR):
Wind Speed/Gusts: 6 knots /
Turbulence Type Forecast/Actual:
Wind Direction: 180°
Turbulence Severity Forecast/Actual:
Altimeter Setting:
Temperature/Dew Point: 17°C / 14°C
Precipitation and Obscuration: No Obscuration; No Precipitation
Departure Point: Santa Ynez, CA (IZA)
Type of Flight Plan Filed: None
Destination: Santa Ynez, CA (IZA)
Type of Clearance: None
Departure Time: 0830 PST
Type of Airspace: Class E

Airport Information

Airport: PRIVATE (N/A)
Runway Surface Type: Grass/turf
Airport Elevation: 1765 ft
Runway Surface Condition: Dry
Runway Used: N/A
IFR Approach: None
Runway Length/Width:
VFR Approach/Landing: Full Stop

Wreckage and Impact Information

Crew Injuries: 1 Minor
Aircraft Damage: Substantial
Passenger Injuries: N/A
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 1 Minor
Latitude, Longitude: 34.574722, -119.608611

Falcon Field (KFFZ) building wraps a stunning memorial



World War II ended 75 years ago, but Falcon Field’s contribution to the war effort as a British training base keeps getting increasingly prominent.

A series of 16 wraps featuring historical photos of Falcon Field’s vital role now adorn many blank spaces on buildings at the busy – and growing – municipal airport.

The photos capture a variety about various aspects of life at early Falcon Field during the war era from 1941-1945, ranging from cadets getting tossed into a long- gone pool after their first solo flight to a training class posing with smiles on their faces.

Yes, it was dangerous, too: 23 cadets lost their lives during the training and are buried at the Mesa City Cemetery, but it also was a much more agreeable assignment than many others during the war.

None of these images, however, are as prominent as the newest – an imposing statement about gender equity that resonated strongly with everyone attending a dedication last week.

It’s hard to miss this image, looming on the control tower for everyone who arrives at the terminal building to see: a female mechanic working on the engine of a plane.

“It’s the history of Falcon Field being memorialized with a woman,’’ said Shelbea York, a pilot who had just participated in a fly-over by four vintage training aircraft, including a T-6 Texan and Stearman PT-17 trainers.

“The first time I saw it, it actually made me cry,’’ she said.

York and her father Ben participated in the flyover by the Wings of Flight Foundation, which perpetuates Falcon’s traditions through a collection of historic WWII vintage planes kept at a historic World War II hangar.

Ben York was flying a PT-17 Stearman, a biplane, while his daughter, a flight instructor at the airport, was a passenger in the T-6. Ben York said it was typical for cadets to graduate from the Stearman to the T-6.

Everyone seemed to agree it was fitting to put the patriotic woman’s picture in such a prominent place.

“It’s important for us to recognize their legacy and how they supported the war effort,’’ Mesa Councilman Dave Luna said. “We have a woman who represents all women who participated in the war effort.’’

Luna, a retired educator, also views the wraps as an important learning tool in teaching children Mesa’s important role in WWII, with the former Williams Field, now Phoenix-Mesa Gateway Airport, once serving as another important training base.

No one seems to know the prominently honored female mechanic’s name. It appears someone during that era neglected to write her name down on the back of the photo.

Airport Director Corinne Nystrom, whose father served at the Battle of the Bulge during World War II, said she would love to know the woman’s name.

“It’s a beautiful palate,’’ Nystrom said about the tower, which looms over the terminal and a nearby parking lot. “It’s perfect. Because we have a (male) pilot on the other side, we thought it would be appropriate to commemorate all of the people who worked on the ground.’’

 Anne Beeby of Mesa, daughter of one-time RAF Cadet Kenneth R. Beeby, smiled as she posed next to a wrap displaying a picture of her father during his training mission at Falcon.

The wraps dress up an otherwise unassuming utility building and faces a grassy viewing area, where visitors often stop by to watch takeoffs and landings.

Beeby, a former longtime flight attendant, said her father was proud of his service and viewed his training at Falcon as one of the highlights of his long life. He was born in England, came to Falcon for pilot training and returned home, where served as a flight instructor.

“After the war ended, he came back as soon as he could. He loved the Valley and the airport,’’ Anne Beeby said. “He was so proud to be part of this.’’

“It’s important that they remember Falcon and that we recognize them and the sacrifices they made for us,’’ she said.

Ken Beeby passed away in 2016 at age 97 and never had an opportunity to see his image preserved on a building’s wall at Falcon.

“All of these wraps keep their memory alive,’’ Beeby said.

Boutique Air: Northwest Alabama Regional Airport (KMSL) announces new flight destination


MUSCLE SHOALS, Alabama (WAFF) - Northwest Regional Airport announced the expansion of their flight destinations to Pensacola, Florida on December 9th.

According to the airport, adding the new route will offer North Alabama travelers affordable, non-stop service to Florida and South Alabama’s beaches with air carrier Boutique Air.

“We’re thrilled to be expanding our air service from the Northwest Alabama Regional Airport,” said Boutique Air CEO Shawn Simpson. “Adding the new flight to Pensacola is an exciting step in growing our service in Muscle Shoals, and we hope the community will take advantage of this new opportunity.”

WAFF is told, the Northwest Alabama Regional Airport currently offers commercial flights in partnership with Boutique Air, which has been providing direct routes to Atlanta and Nashville.

“For years, we’ve consistently seen an overwhelming demand for a beach flight from the Muscle Shoals community,” said Barry Griffith, Airport Director at MSL. “Our team has been hard at work securing this flight for months in the making, and we expect it to be very popular.” Boutique Air is a leading airline to smaller, secondary cities throughout the United States.

Fares to Pensacola start at $59. Visit https://www.boutiqueair.com/ to view the new flight schedule and book your flight today. For more information on the Northwest Alabama Regional Airport, view https://www.flytheshoals.com/.

Cessna 172E Skyhawk, N5507T: Incident occurred December 08, 2020 at North Palm Beach County General Aviation Airport (F45), West Palm Beach, Florida

Federal Aviation Administration / Flight Standards District Office; South Florida

Aircraft landed and experienced a gust of wind forcing into grass. 

KFM Aviation LLC


Date: 08-DEC-20
Time: 20:40:00Z
Regis#: N5507T
Aircraft Make: CESSNA
Aircraft Model: 172
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: NONE
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: WEST PALM BEACH
State: FLORIDA

Cessna 172 Skyhawk, N8907B: Incident occurred December 08, 2020 at Santa Maria Public Airport (KSMX), Santa Barbara County, California

Federal Aviation Administration / Flight Standards District Office; Van Nuys, California

Aircraft landed and veered off side of runway due to a flat tire. 


Date: 08-DEC-20
Time: 22:09:00Z
Regis#: N8907B
Aircraft Make: CESSNA
Aircraft Model: 172
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: NONE
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: SANTA MARIA
State: CALIFORNIA

Aeronca 7AC, N82787: Accident occurred November 03, 2020 at Elyria Airport (1G1), Lorain County, Ohio

Federal Aviation Administration / Flight Standards District Office; Cleveland, Ohio

Aircraft was being hand-propped and cleared chocks and went into a barrier.


Date: 03-NOV-20
Time: 19:00:00Z
Regis#: N82787
Aircraft Make: AERONCA
Aircraft Model: 7AC
Event Type: ACCIDENT
Highest Injury: MINOR
Aircraft Missing: No
Damage: SUBSTANTIAL
Activity: PERSONAL
Flight Phase: STANDING (STD)
Operation: 91
City: ELYRIA
State: OHIO



ELYRIA, Ohio — A man was taken to the hospital Tuesday evening after his own airplane knocked him to the ground in a mishap at the Elyria Airport on Middle Avenue.

The pilot, who has not been named, but is identified in a Lorain County Sheriff's Office news release as a 57-year-old LaGrange man, was fueling the two-seat plane about 5:14 p.m. with chocks under the wheels to keep it in place, said Lorain County Sheriff’s Capt. Daniel Ashdown. No one was in the cockpit.

The aircraft was of the hand-start or “prop-start” variety, requiring the pilot to manually force the propeller to start spinning.

“You physically have to pull the propeller to start it,” Ashdown said. “… When he went to prop-start the plane, it jumped the chocks, striking him, which caused injury.”

Ashdown was not at the airport when the incident happened, but he said it appears the pilot was knocked down by the plane itself and not struck by the propeller.

After it struck the pilot, the aircraft continued moving with no one inside and collided with the fuel tank. There was no fuel spillage from the tank and the plane was stopped by the collision, damaging the right wing.

“It was lucky that the wing actually caught the tank to stop the plane from moving, because who knows how long it would have taxied,” Ashdown said.

A responding deputy was not able to talk to the man before he was transported to University Hospitals-Elyria Medical Center for medical treatment, so the Sheriff’s Office intends to follow up with him.

Because the airplane was not in flight when the mishap happened, the Sheriff's Office classified it as an “incident,” meaning the agency’s report will be forwarded to the National Transportation Safety Board for review and the Federal Aviation Administration for informational purposes, Ashdown said.

Piper PA-12, N2554M: Accident occurred December 08, 2020 at Black Hills Airport (KSPF), Spearfish, Lawrence County, South Dakota

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board did not travel to the scene of this accident.

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Rapid City, South Dakota

Location: Spearfish, SD
Accident Number: CEN21LA082
Date & Time: December 8, 2020, 10:30 Local
Registration: N2554M
Aircraft: Piper PA-12
Injuries: 2 None
Flight Conducted Under: Part 91: General aviation - Flight test

On December 8, 2020, about 1030 mountain standard time, a Piper PA-12, N2554M, was involved in an accident near Spearfish, South Dakota. The private pilot and a passenger were uninjured. The airplane was operated as a Title 14 Code of Federal Regulations (CFR) Part 91 maintenance test flight.

An annual inspection and post-inspection runups of the airplane was performed by maintenance personnel and the maintenance test flight was performed by the pilot.

The pilot stated that he performed a run-up prior to takeoff. During the takeoff, he applied full throttle, and the airplane climbed to about 70 ft above the runway. The airplane lost engine power for a few seconds, regained power for a few more seconds, and then the engine quit. He lowered the airplane nose to increase airspeed, and the airplane continued to descend. He tried to flare the airplane, but it experienced a hard landing and impact with the runway. The airplane sustained substantial damage to the fuselage.

The airplane was retained for further examination.

Aircraft and Owner/Operator Information

Aircraft Make: Piper
Registration: N2554M
Model/Series: PA12 
Aircraft Category: Airplane
Amateur Built: No
Operator:
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC
Condition of Light: Day
Observation Facility, Elevation: SPF
Observation Time: 10:15 Local
Distance from Accident Site: 0 Nautical Miles
Temperature/Dew Point: 16°C /-11°C
Lowest Cloud Condition: Clear
Wind Speed/Gusts, Direction: 11 knots / , 260°
Lowest Ceiling: None
Visibility: 10 miles
Altimeter Setting: 30.09 inches Hg
Type of Flight Plan Filed:
Departure Point:
Destination:

Wreckage and Impact Information

Crew Injuries: 1 None 
Aircraft Damage: Substantial
Passenger Injuries: 1 None 
Aircraft Fire: None
Ground Injuries: 
Aircraft Explosion: None
Total Injuries: 2 None
Latitude, Longitude: 44.481056,-103.786 (est)

Cessna 208B Grand Caravan, N208WW: Incident occurred December 08, 2020 at Phoenix Sky Harbor International Airport (KPHX), Maricopa County, Arizona

Federal Aviation Administration / Flight Standards District Office; Scottsdale, Arizona

Aircraft taxiing to parking and struck a taxiway light. 

Westwind Aero Group LLC


Date: 09-DEC-20
Time: 01:45:00Z
Regis#: N208WW
Aircraft Make: CESSNA
Aircraft Model: 208
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: TAXI (TXI)
Operation: 91
City: PHOENIX
State: ARIZONA