NTSB Factual Report

HISTORY OF FLIGHT

On July 3, 2009, approximately 1053 central daylight time, a Beech C35, N2043D, was substantially damaged upon impact with terrain during a go-around at the Mid-Valley Airport (T65), Weslaco, Texas. The student pilot in the left seat was seriously injured and the commercial pilot in the right seat was fatally injured. The airplane was owned and operated by the commercial pilot. Visual meteorological conditions prevailed and no flight plan was filed for the Title 14 Code of Federal Regulations Part 91 personal flight. The airplane departed the South Texas International Airport (KEBG), Edinburg, Texas, at 1035 and was attempting to land at T65.

The student pilot was interviewed by the National Transportation Safety Board Investigator-in-charge and an inspector from the Federal Aviation Administration (FAA). According to the student pilot, the airplane was flown from Brownsville/South Padre Island International Airport (KBRO), Brownsville, Texas, to KEBG for fuel. At KEBG, the left tip tank and both main tanks were filled with fuel. Upon attempting to fuel the right tip tank, the fuel nozzle broke loose and fell into the tip tank. The commercial pilot was unable to retrieve the broken nozzle, and no fuel was added to the tip tank.

After departing KEBG, the student pilot reported that a left-rolling tendency developed in the airplane. The student pilot reported that it took some effort to keep the wings level and the airplane flying straight. He reported this concern to the commercial pilot. A landing at T65 was planned and the commercial pilot flew the airplane configured for a landing to runway 13 with gear down and flaps set to 10 degrees. On touchdown, the left main gear contacted the runway first and the airplane bounced back into the air. The airplane began drifting left towards the edge of the runway, and the commercial pilot initiated a go-around. During the climb from the go-around, the commercial pilot had difficulty maintaining directional control of the airplane and requested assistance from the student pilot. The student pilot reported that the rudder was fully depressed by the commercial pilot. The commercial pilot began a left turn, the airplane descended, and impacted the terrain.

PERSONNEL INFORMATION

The owner/pilot held a commercial pilot certificate with airplane single-engine land, airplane multiengine land, and instrument airplane ratings. In addition, the pilot had been issued a certified flight instructor certificate on June 16, 1983, for airplane single-engine land, and instrument airplane, but was not current. The pilot's logbook was not recovered for examination. A second class medical certificate was issued on June 10, 2009. On this date, the pilot reported having accumulated over 2,000 total hours and having flown 15 hours in the previous six months.

The student pilot held a student pilot certificate and a third class medical certificate, both issued on June 10, 2009. The student pilot was not familiar with a Beech 35.

AIRCRAFT INFORMATION

The four-seat, low wing, retractable-gear airplane, serial number D-3396, was manufactured in 1952. The airplane had a single "throw-over" yoke installed and did not have shoulder restraints installed. It was powered by a 205 horsepower Teledyne Continental Motors E-185-11 engine, serial number 21691-D-2-11, driving a Hartzell model HC-A2X20-4A1 fixed-pitch propeller.

On February 11, 2008, a Major Repair and Alteration FAA Form 337 was filed stating the airplane had been modified with two Beryl D'Shannon fiberglass 15-gallon auxiliary wing tip tanks in accordance with Supplemental Type Certificate (STC) SA135EA.

METEOROLOGICAL INFORMATION

At 1045, an automated weather reporting station at T65 reported winds from 170 degrees at 9 knots gusting to 17 knots, visibility 7 miles, skies clear, temperature 91 degrees Fahrenheit (F), dew point 57 degrees F, and a barometric pressure of 30.02 inches of Mercury.

WRECKAGE AND IMPACT INFORMATION

The wreckage was located on airport property entangled in the airport's perimeter fencing. The site was relatively level and at an elevation of 66 feet. The nose of the airplane was generally aligned with a 160 degree heading. All major airplane components were accounted for at the accident scene.

Initial ground scars consisted of a 60 foot long semi-circular pattern scar with pieces of white fiberglass, consistent with the airplane's wing tip fuel tanks. Though not directly noted by smell, grass-kill in the area was consistent with the presence of fuel. The engine had separated at all of the engine mounts and remained attached to the fuselage via the control cables. Both propellers were separated at the hub and found between the initial ground scar and the airplane wreckage. Both propeller blades displayed S-bending, leading edge polishing and chord-wise scratches.

About 4.5 feet of the outboard leading edge of the right wing was crushed inward. The right wing tip tank was breeched. On the ground near the right wing tip tank was the broken fuel nozzle from KEBG's fuel pump. A perimeter fence pole had cut diagonally into the right wing between the flap and aileron towards the upper right portion of the right wing fuel tank. The fuselage was buckled upwards starting approximately 20 inches aft of the baggage door. The left ruddervator push-pull rod was fractured in overload. An unmeasured amount of fuel was found in the aft auxiliary fuel tank. The left wing was curled upwards from the wing root to the wing tip in a near crescent-moon shape. The left wing tip fuel tank was breeched. Mud and debris were embedded along a majority of the left wing's leading edge. Both left and right flaps were set approximately 10 degrees. The airplane was equipped with a "throw-over" yoke which was found fractured at the hub. A portion of the control column remained attached to the hub with a portion pointing towards the left side. Fracture signatures and bending were consistent with the yoke being positioned towards the left seat pilot at the time of the fracture. In addition, positioning of the internal mechanisms of the control column were consistent with a right wing down input at the time of the fracture. No pre-impact anomalies were discovered during the wreckage examination.

MEDICAL AND PATHOLOGICAL INFORMATION

An autopsy was performed on the pilot on July 6, 2009, by Valley Forensics, P.L.L.C., McAllen, Texas, as authorized by the Hidalgo County Justice of the Peace. The cause of death was reported as multiple traumatic injuries due to an airplane crash.

Forensic toxicology was performed on specimens from the pilot by the FAA Bioaeronautical Sciences Research Laboratory, Oklahoma City, Oklahoma. The toxicology stated that no carbon monoxide, cyanide, ethanol, or drugs detected in the specimens.

ADDITIONAL INFORMATION

Flight Manual Supplement

In the wreckage a copy of the Beryl D'Shannon Airplane Flight Manual Supplement was discovered. Of note, under the section titled "Normal Procedures" was the following:

"Before flight, check the tip tanks for unsymmetrical fuel loading. If fuel tank capacities differ more than 1/4 tank, relocate fuel prior to take-off."

Under the section titled "Emergency Procedures" was also the following:

"If for any reason it is necessary to land with more than 1/2 tank difference in tip tank quantities, the landing should be made with wing flaps in the 'up' position."

NTSB Probable Cause

The pilot's failure to maintain aircraft control while operating with a fuel imbalance. Contributing to the accident was the pilot/owner's decision to fly the airplane outside of the operating limitations.