Narrative:

With passenger boarded and aircraft engines running, we began to taxi to runway 4 at yellowstone regional airport at cody, wy. The first officer called casper FSS on 122.3 to obtain IFR clearance to riverton, wy. Casper FSS did not issue a clearance and stated that we were awaiting release pending the arrival of an aircraft flying the VOR approach to cod and casper issued an expected clearance time of xb local. At xa casper FSS called on 122.3 and informed us that the aircraft had missed the approach (minimum for category C are 700' and 2 mi) and would shoot the approach again and advised us to expect clearance at xc. I asked why the aircraft would be allowed to shoot the approach again, before we were allowed to depart. Casper FSS replied that he was not holding us, that this was the instruction from slc center. I told casper FSS that I understood his point and I asked him to relay my request to slc center. 10 seconds later we were cleared and released by casper FSS, to riverton. We then began to taxi back on runway 4 at cod. Before taxiing onto the runway we advised traffic on 122.8 and made an additional advisory report while taxiing on the runway. While turning around at the end of the runway, the first officer observed and pointed out to me an small transport on a very close left downwind for runway 4. While turning base the small transport XXX called on base. We immediately replied that we were on the active runway and that we would hold in position. The small transport then replied that we were in sight and he initiated a go around, while remaining below the ceiling and circling for another left downwind. As soon as the small transport was well clear of our departure course we departed. The flight then proceeded normally. It was obvious that the small transport found a 'sucker hole' somewhere near the city of cod and cancelled IFR. The small transport had been on the slc center frequency 133.25 or 119.25 while we monitored unicom 122.8 and casper FSS 122.3 with both our radios. Scud running with IFR conditions in a control zone in mountainous terrain in a high performance jet used to be an inconceivable stunt in my mind, but apparently not in the minds of other professional pilots.

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Original NASA ASRS Text

Title: AFTER RECEIVING IFR DEP RELEASE REPORTER ACFT WAS BACK TAXIING FOR TKOF AT UNCONTROLLED ARPT WHEN SECOND ACFT WAS OBSERVED IN THE TRAFFIC PATTERN AND CONTINUED TO APCH UNTIL A NMAC OCCURRED.

Narrative: WITH PAX BOARDED AND ACFT ENGS RUNNING, WE BEGAN TO TAXI TO RWY 4 AT YELLOWSTONE REGIONAL ARPT AT CODY, WY. THE F/O CALLED CASPER FSS ON 122.3 TO OBTAIN IFR CLRNC TO RIVERTON, WY. CASPER FSS DID NOT ISSUE A CLRNC AND STATED THAT WE WERE AWAITING RELEASE PENDING THE ARR OF AN ACFT FLYING THE VOR APCH TO COD AND CASPER ISSUED AN EXPECTED CLRNC TIME OF XB LCL. AT XA CASPER FSS CALLED ON 122.3 AND INFORMED US THAT THE ACFT HAD MISSED THE APCH (MINIMUM FOR CATEGORY C ARE 700' AND 2 MI) AND WOULD SHOOT THE APCH AGAIN AND ADVISED US TO EXPECT CLRNC AT XC. I ASKED WHY THE ACFT WOULD BE ALLOWED TO SHOOT THE APCH AGAIN, BEFORE WE WERE ALLOWED TO DEPART. CASPER FSS REPLIED THAT HE WAS NOT HOLDING US, THAT THIS WAS THE INSTRUCTION FROM SLC CENTER. I TOLD CASPER FSS THAT I UNDERSTOOD HIS POINT AND I ASKED HIM TO RELAY MY REQUEST TO SLC CENTER. 10 SECS LATER WE WERE CLRED AND RELEASED BY CASPER FSS, TO RIVERTON. WE THEN BEGAN TO TAXI BACK ON RWY 4 AT COD. BEFORE TAXIING ONTO THE RWY WE ADVISED TFC ON 122.8 AND MADE AN ADDITIONAL ADVISORY RPT WHILE TAXIING ON THE RWY. WHILE TURNING AROUND AT THE END OF THE RWY, THE F/O OBSERVED AND POINTED OUT TO ME AN SMT ON A VERY CLOSE LEFT DOWNWIND FOR RWY 4. WHILE TURNING BASE THE SMT XXX CALLED ON BASE. WE IMMEDIATELY REPLIED THAT WE WERE ON THE ACTIVE RWY AND THAT WE WOULD HOLD IN POS. THE SMT THEN REPLIED THAT WE WERE IN SIGHT AND HE INITIATED A GAR, WHILE REMAINING BELOW THE CEILING AND CIRCLING FOR ANOTHER LEFT DOWNWIND. AS SOON AS THE SMT WAS WELL CLR OF OUR DEP COURSE WE DEPARTED. THE FLT THEN PROCEEDED NORMALLY. IT WAS OBVIOUS THAT THE SMT FOUND A 'SUCKER HOLE' SOMEWHERE NEAR THE CITY OF COD AND CANCELLED IFR. THE SMT HAD BEEN ON THE SLC CENTER FREQ 133.25 OR 119.25 WHILE WE MONITORED UNICOM 122.8 AND CASPER FSS 122.3 WITH BOTH OUR RADIOS. SCUD RUNNING WITH IFR CONDITIONS IN A CTL ZONE IN MOUNTAINOUS TERRAIN IN A HIGH PERFORMANCE JET USED TO BE AN INCONCEIVABLE STUNT IN MY MIND, BUT APPARENTLY NOT IN THE MINDS OF OTHER PROFESSIONAL PLTS.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.