NTSB Identification: NYC90FA176.
The docket is stored on NTSB microfiche number 43963.
Accident occurred Saturday, July 28, 1990 in NORTH ANDOVER, MA
Probable Cause Approval Date: 03/31/1993
Aircraft: PIPER PA-23-250, registration: N333EP
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.

WHEN THE PILOT REPORTED A MISSED APPROACH, THE TOWER CONTROLLER ISSUED AN ALTERNATE MISSED APPROACH PROCEDURE AS INSTRUCTED BY THE APPROACH CONTROLLER. SPECIFICALLY, THE TOWER CONTROLLER TOLD THE PILOT '. . . FOR YOUR MISSED APPROACH TURN RIGHT HEADING 180 CLIMB AND MAINTAIN 2000.' THE PILOT EXECUTED THE CONTROLLER'S INSTRUCTIONS, TURNED RIGHT AND FLEW TOWARD RISING TERRAIN. WITNESSES HEARD THE ENGINES PRIOR TO IMPACT, BUT THERE WAS NO INDICATION THAT THE PILOT AGGRESSIVELY STARTED TO CLIMB. THE AIRCRAFT COLLIDED WITH THE TOPS OF 100 FT TALL TREES ABOUT 1/4 MI EAST OF THE AIRPORT AND TO THE RIGHT OF THE RUNWAY CENTERLINE. THE TERRAIN ROSE FROM AN ELEVATION OF 149 FT AT THE THRESHOLD OF RUNWAY 5 TO ABOUT 200 FT AT THE CRASH SITE. THE MISSED APPROACH PROCEDURE (THAT WAS ISSUED BY THE CONTROLLER) WAS NOT AUTHORIZED AS PER AIR TRAFFIC CONTROL MANUAL 7110.65.

The National Transportation Safety Board determines the probable cause(s) of this accident to be:

THE CONTROLLER ISSUED AN UNAUTHORIZED ALTERNATE MISSED APPROACH PROCEDURE THAT DID NOT PROVIDE ADEQUATE TERRAIN CLEARANCE, AND THE PILOT DELAYED OBTAINING A PROPER RATE OF CLIMB DURING THE MISSED APPROACH. FACTORS RELATED TO THE ACCIDENT WERE: DARKNESS AND THE WEATHER AND TERRAIN CONDITIONS.

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