NTSB Factual Report

HISTORY OF FLIGHT

On January 4, 2007, at 2337 eastern standard time, a Cessna 182P, N55YS, registered to Four Seasons LLC, operated by M. B. Kahn Construction Company Inc., as a 14 CFR Part 91 business flight, collided with trees and the ground, while maneuvering during an instrument approach, in the vicinity of Columbia Metropolitan Airport, Columbia, South Carolina. Instrument meteorological conditions (IMC) prevailed and an instrument flight rules (IFR) flight plan was filed. The airplane was sustained substantial damage and the airline transport rated pilot, and two passengers were sustained fatal injuries. The flight originated from Newport News Williamsburg International Airport, Newport News, Virginia, on January 4, 2007, at 2028.

Review of transcripts between Columbia Approach Control and the pilot revealed the pilot was cleared for a Localizer Runway 31 approach at Columbia Owens Downtown Airport, Columbia, South Carolina, at 2316. Review of radar data for N55YS, revealed that at 2319 the airplane crossed HIDEE intersection at 1,300 feet (all altitudes msl), 500 feet below the published minimum crossing altitude. At 2320, the pilot informed the north radar controller that he was executing a missed approach and initiated a right turn instead of executing the published missed approach procedure. The north radar controller replied, "N5YS, roger, climb and maintain two thousand one hundred, you're radar contact. " The pilot replied, "two point one and we may as well come over and spend the night with you." The Minimum Safe Altitude Warning alert activated at 2319, and was presented on the north radar controller's display as a recurring "LA" to indicate low altitude. The north radar controller did not issue a safety alert to the pilot. The north radar controller further stated at 2320, "All right sir, hope you're on a heading of three one zero still on the localizer there, don't get too far to the north, I don't know what's out there at that altitude." The pilot replied, "Yankee Sierra." At 2322, the north radar controller instructed the pilot to ident, and the pilot complied with the request. The north radar controller informed the pilot he was radar contact, and was provided radar vectors to the Columbia Metropolitan Airport.

At 2323, the north radar controller made a blanket radio broadcast saying, "Attention all aircraft, tower visibility now at the Metro airport is down to a half mile, we should be getting some new weather here shortly." The north radar controller stated at 2325, "Attention all aircraft atis information now Oscar, visibility is one half and mist, ceiling two hundred overcast, temperature one seven, dew point one seven, wind one three zero at five, altimeter three zero one zero. At 2332, the north radar controller said, "Five Yankee Sierra, you're four miles from MURRY, turn left heading one four zero, maintain two thousand one hundred until established on the localizer, cleared ILS runway one one approach, maintain maximum forward airspeed to the outer marker." The pilot responded, "Okay, one forty, ah two point one till established, cleared ILS one one and we'll hustle it along, Yankee Sierra."

Thirty seconds later, the north radar controller stated, "November five yankee sierra, turn right heading one five zero to join the localizer." The pilot responded, "one fifty to join, Yankee Sierra." Review of radar data at 2334:47 revealed the airplane was over MURRAY at 1,700 feet, heading 101 degrees, at 104 knots indicated ground speed. A low altitude alert was observed on the radar playback from this point on the approach throughout the remainder of the flight. No safety alert was issued to the pilot by the north radar controller. At 2334:54, the controller stated, "Five Yankee Sierra, tower one one ninner point five." The pilot replied, "over to the tower, Yankee Sierra." After communications were transferred to the local controller in the control tower, the local controller was unable to establish radio contact with N55YS. The local controller made numerous transmissions including a low altitude alert, a clearance to land, weather information, runway visual range, and position correlation information; however, the local controller did not receive a response from the pilot of N55YS. Non-ATC recordings revealed the pilot of N55YS responded to the local controller transmissions; however, the radio calls from N55YS while on the local control frequency were not heard by the controller or recorded by the ATC facility.

The Columbia Metropolitan Airport, ATC Control Tower personnel notified the fire department that radar contact had been lost with the Cessna 182 about 1 mile west of Runway 11. Three fire department units were dispatched in a dense fog to search for the missing airplane, which was unsuccessful. A command post/staging area was set up, search grids were established for responding law enforcement personnel, and a foot search was initiated. A runway and ramp check was initiated which was unsuccessful. A State Law Enforcement Detachment helicopter arrived on scene on January 5, 2007, and the helicopter pilot located the wreckage at about 0630.

PERSONNEL INFORMATION

Review of information on file with the FAA Airman's Certification Division, Oklahoma City, Oklahoma, revealed the pilot was issued an airline transport pilot certificate on March 31, 2004, with ratings for airplane multiengine land/airline transport pilot, airplane single engine land/commercial pilot, and instrument airplane. In addition, the pilot was issued a flight instructor certificate on December 2, 2004, with ratings for airplane single engine land, multiengine land, and instrument airplane. The pilot held a ground instructor certificate issued on February 27, 1996. The pilot held a second class medical issued on May 2, 2006, with the restriction "must wear corrective lenses for near and distant vision." The pilot indicated on his application for the second-class medical certificate that he had accumulated 7,000 total flight hours. The pilot's logbook was not located at the crash site. The pilot indicated on an AIG Aviation Pilot Qualification Form completed on January 3, 2007, that he had 7,100 total hours of pilot-in-command time in all aircraft, and 1,000 hours in the Cessna 172. The pilot did not indicate that he had any flight time in the Cessna 182. Review of the pilot's logbook obtained from his wife revealed the pilot had 7,208.9 hours in all aircraft. The pilot had logged 2,296.4 hours in single engine land airplanes of which 79.9 hours were in the Cessna 182. The pilot's first flight in a Cessna 182 was on July 16, 1990. The pilot's last flight in a Cessna 182 before the accident was on September 24, 1999. The pilot had recorded 4,776.7 hours in multiengine airplanes. The pilot had recorded 514.4 hours of instrument flight, and his last instrument flight was on November 21, 2006, in a Cessna 421. The pilot's last recorded instrument flight in a Cessna 182 was on May 3, 1994. The last instrument proficiency check and flight review was conducted on August 23, 2006.

Review of information on file with the FAA Airman's Certification Division, Oklahoma City, Oklahoma, revealed the pilot rated passenger, who was seated in the right front seat of the airplane, was issued a commercial pilot certificate on December 12, 2005, with ratings for airplane single engine land, multiengine land, and instrument airplane. In addition, the pilot rated passenger was issued a flight instructor certificate on July 16, 2006, with ratings for airplane single engine land, multiengine land, and instrument airplane. The pilot rated passenger held a second-class medical certificate issued on September 25, 2006, with the restriction "must wear corrective lenses for distant vision, and must possess glasses for near vision." The pilot rated passenger indicated on his application for the second-class medical certificate that he had accumulated 3,500 total flight hours. Review of the pilot rated passengers logbook revealed he had accumulated 2,865 total flight hours of which 2,076.4 hours were as pilot-in-command. The pilot rated passenger had recorded in the logbook that he had 72.7 hours in Cessna 182 models. The pilot rated passenger indicated on an AIG aviation Pilot Qualification Form dated January 3, 2007, that he had 75 total flight hours in a Cessna 182R of which 10 hours were flown in the last 90 days. The last entry in the pilot rated passenger's logbook was June 19, 2006. The pilot rated passenger's last flight review was conducted on December 5, 2005.

AIRCRAFT INFORMATION

The airplane was purchased by M. B. Kahn Construction Company, Inc., from Four Seasons LLC, on January 2, 2007. The Standard Airworthiness Certificate located in the airplane had the registration number of N-84SL. The aircraft registration certificate was not located in the airplane. The Senior Executive Vice President provided the registration certificate to the NTSB on January 5, 2007, which revealed the registration number was N55YS. The two previous owners and M.B. KAHN Construction Company Inc. had not revised the airworthiness certificate, as required by FAR 91.203 A1. Review of aircraft records revealed the last annual inspection was conducted on October 25, 2006, at tachometer time 2,266.3. The tachometer time at the crash site was 2,282.8, which is the airplane's total flight time. The airplane was flown 16.5 hours since the annual inspection. The engine was installed new with zero time on April 20, 1992, and was flown 156.3 hours since installation. The transponder, altitude reporting/static system tests were completed on July 29, 2005, at tachometer 2,132.3. There is no logbook entry indicating a current altimeter test. The pilot's altimeter was removed from the airplane wreckage. Precision Avionics and instruments, Repair Station No. ZV4R714M inspected the altimeter on March 4, 2004. The altimeter was removed, reinstalled, and a static test was last performed on March 5, 2004, at tachometer time 1,943.6. Work Order N0. 4492 from ABBAS Avionics states, "3-Performed 24-Month VFR Certification on the following equipment:

A. Transponder Model KT-76A MFG'D by King S/N 134999.

B. Altitude Reported

C. Static System

All units/systems listed above were tested and are in compliance with FAR 91.411 and 91.413, Appendix E and F."

The Senior Executive Vice president for M. B. Kahn Construction Company stated he was shown the airplane on December 22, 2006. He asked the seller's representative if the airplane was certified for IFR flight. The seller's representative stated it was and also informed him that the airplane had six flight hours since its last annual inspection. The Senior Vice President for the construction company stated he did not look at the logbooks before the accident flight, and he was certain the deceased pilot did not look at the logbooks.

The airplane was filled to capacity with 29.5 gallons of 100 low lead fuel at Newport News/Williamsburg International Airport, Newport News, Virginia, on January 4, 2007, before departing on the accident flight.

METEOROLOGICAL INFORMATION

The Columbia Owens Downtown Airport, Columbia, South Carolina special 2330 surface weather observation was: wind-variable at 4 knots; visibility one and one-half miles; light rain and mist, 100 feet overcast; temperature 64-degrees Fahrenheit, dew point temperature 63-degrees Fahrenheit and altimeter 30.11. Remarks rain ended 2259 began 2321.

The Columbia Owens Downtown Airport, Columbia, South Carolina, special 2339 surface weather observation was: wind 130-degrees at 4 knots, visibility three quarters of a mile, 100 feet overcast, mist, temperature 64-degrees Fahrenheit, dew point temperature 63-degrees Fahrenheit, and altimeter 30.11.

The Columbia Metropolitan Airport, Columbia, South Carolina, special 2323 surface weather observation was: wind-110 degrees at 4 knots; visibility one-half mile, mist, 200 feet overcast; temperature 63-degrees Fahrenheit, dew point temperature 63-degrees Fahrenheit, and altimeter 30.10. Remarks-surface visibility three-quarters mile runway visual range not observed

The Columbia Metropolitan Airport, Columbia, South Carolina, special 2344 surface weather observation was: wind 130-degrees at 5 knots, visibility one quarter of a mile, 200 feet overcast, fog, temperature 63-degrees Fahrenheit, dew point temperature 63-degrees Fahrenheit, and altimeter 30.09. Remarks-tower visibility one half mile.

A friend of the pilot rated passenger stated she received a phone call just after 2000 before the airplane departed Newport News, Virginia. The pilot rated passenger stated he was watching the weather, and was concerned about the fog upon their arrival back in Columbia, South Carolina. The pilot rated passenger stated it appeared the weather was moving towards Columbia, South Carolina, and he inquired if it had started raining. The friend stated that it was not currently raining; however, it would probably be raining later on. The conversation was ended and there were no other phone calls received from the pilot rated passenger.

AIRPORT INFORMATION:

Review of the Localizer Runway 31 approach plate for Columbia Owens Downtown Airport revealed the minimums for the approach are minimum descent altitude (MDA) 660 feet and 1-mile visibility. The minimum crossing altitude at HIDEE intersection is 1,800 feet. The published missed approach requires the pilot to climb to 1,200 feet, then make a climbing left turn to 2,000 feet direct to the Columbia VOR and hold.

Review of the ILS Runway 11 approach plate for the Columbia Metropolitan Airport, Columbia, South Carolina, revealed the minimums for the approach are decision height (DH) 436 feet and one half-mile visibility. The glide slope intercept altitude is 2,100 feet. The minimum crossing altitude at the locator outer marker ( MURRAY) is 2,069 feet.

WRECKAGE AND IMPACT INFORMATION

The wreckage was located between Platt Springs Road and Old Barnwell Road, three-quarters of a mile west of the approach end of Runway 11 in a wooded area west of Columbia Metropolitan Airport, Columbia, South Carolina. Examination of the crash site revealed the airplane collided with a 90-foot tree in a left descending turn separating the right wing tip. The airplane continued down the crash debris line on a heading of 080-degrees magnetic. The left wing tip and left wing strut fairing were separated and located 43 feet down the crash debris line. Tree branches with diagonal cuts were present along the crash debris line. A section of the left aileron was located 120 feet down the crash debris line. The outboard right wing separated 6 feet inboard of the right wing tip 206 feet down the crash debris line. The airplane rolled to the right and came to rest on a heading of 240-degrees magnetic. The crash debris line extended 222 feet.

The upper and lower engine cowlings were damaged and remained attached. The engine assembly was displaced to the right in relation to the engine firewall. All four engine mounts were separated. The forward right side of the oil sump was damaged. The left magneto separated from the mounting pad. The right magneto remained in place. The starter separated from the starter adapter-mounting flange. The starter adapter-mounting flange was damaged. The air induction filter inlet was damaged. The left side of the air induction elbow was separated. The right side of the air induction elbow was intact and damaged. All ignition leads were intact and not damaged. The exhaust assembly and muffler were intact and damaged. The oil filter was intact and safety wired. The oil dipstick handle was bent. All cylinders were intact and not damaged except for the cooling fins on the No. 1 cylinder. The carburetor was intact and the mixture lever arm was damaged. The alternator was intact and moved freely by hand.

The nose wheel was separated from the nose strut. The propeller assembly remained attached to the propeller crankshaft flange. The propeller spinner was crushed with evidence of rotation. Two propeller blades were loose in the propeller hub. The first loose propeller blade exhibited span wise scratching extending from the propeller hub outboard 29-inches. The outboard 5-inches of the

NTSB Probable Cause

The pilot's failure to follow approach procedures by descending below the prescribed descision height altitude resulting in an in-flight collision with trees and the ground.

This report was modified on January 25, 2008.