Says Interpretation Of Known Icing In June 2006 Letter "Could Be Misconstrued"

In response to concerns raised last year by the Aircraft Owners and Pilots Association -- regarding an eyebrow-raising definition of "known icing conditions" in updated FAA policy documents -- recently the agency submitted a revised draft of its proposed language, and invited pilots and others concerned with the proposed rule to comment.

As Aero-News reported, on November 17, 2006, Luis Gutierrez, Director of Regulatory and Certification Policy for AOPA, requested the FAA’s Office of the Chief Counsel rescind a letter of interpretation issued by the FAA’s Office of the Regional Counsel, Eastern Region, regarding flight in known icing conditions. The letter of interpretation, dated June 6, 2006, responded to a request by Robert Miller that the FAA clarify when "known ice" exists for purposes of enforcement action.

"The FAA recognizes that the term "known icing condition", the term addressed in the June 2006 letter of interpretation, could be misconstrued," the agency states. "Based on one’s interpretation of the term, the FAA’s prohibitions against flying into known icing conditions under certain circumstances could either have the effect of placing severe constraints on when individuals in aircraft without deicing equipment could fly or allowing these individuals to fly in conditions where there is a real risk of ice accretion with no means of removing the ice.

"Because the FAA has been asked to rescind the June 6, 2006 letter of interpretation, we have decided to publish a draft of our response in the Federal Register and seek comment on it. Based upon comments received in the docket, the FAA may decide to reevaluate its position on known icing conditions."

In its draft response -- available for download at the FMI link below -- the FAA says it has "replaced" its original letter with an updated interpretation, which further clarifies the final decision to fly into known icing conditions rests with the pilots' interpretation of current regulations, and operating limitations spelled out in the aircraft's approved AFM.

"Whether a pilot has operated into known icing conditions contrary to any limitation will depend upon the information available to the pilot, and his or her proper analysis of that information in connection with the particular operation (e.g., route of flight, altitude, time of flight, airspeed, and aircraft performance characteristics), in evaluating the risk of encountering known icing conditions," the agency writes. "The FAA, your own association, and other aviation- or weather-oriented organizations offer considerable information on the phenomenon of aircraft icing. Pilots are encouraged to use this information for a greater appreciation of the risks that flying in potential icing conditions can present."

Those wishing to comment have until May 3 to send in their responses to the FAA.

FMI: Read The Full Notice Of Draft Letter Implementation (.pdf)