As predicted, much controversy has been generated by the recent interpretation of the term "known icing" by the FAA's Eastern Region legal counsel.
If you have not yet read my earlier article on the subject, click here to open it in a new window.
I just learned from my sources within the FAA that the Eastern Region has decided to back off on enforcement of the new "known icing" interpretation. AOPA and other groups are challenging the new interpretation vigorously. Apparently the FAA management is going to wait and see how challenges to the interpretation play out.
At the heart of the controversy is the apparent disparity between the FAA's own guidance regarding a definition of known icing and the legal counsel's interpretation. The Aeronautical Information Manual (AIM) states that, "
known icing conditions as
are atmospheric conditions in which the formation of ice is observed or
detected in flight." The legal counsel wrote, "Known icing conditions exist when visible moisture or high relative humidity combines with temperatures near or below freezing. Since clouds are a form of visible moisture, flying through clouds at an altitude that
is near or below freezing would constitute flight into known icing conditions."
This change of heart doesn't mean that pilots have license to launch off into hazardous conditions. Just like in the past, any pilot who gets into an emergency situation because of icing will be subject to scrutiny and possible certificate action. But, at least for now, we should not need to worry about getting a violation for flying when the visibility is six miles and the temperature is three degrees below freezing. I predict that the FAA will have no choice but to eat a little crow and withdraw the legal counsel's interpretation. This might lead the folks in the FAA who actually know something about aviation (yes, there are some) to come up with a workable definition on "known icing".
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Copyright © 2006 Gene Benson
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