Icing Update #2 April 6, 2007

By Gene Benson

In response to an uproar from the general aviation community and specifically from AOPA, the FAA's general counsel published a "letter of interpretation". Comments from the public are being sought.

If you have not yet read my earlier articles on the subject, click here to open the first article and here to open the second article, each in a new window.

The new interpretation seems to completely reverse the earlier letter from the FAA Eastern Region legal counsel. Under the first interpretation, general aviation would essentially been grounded for much of the year in the northern half of the country. This new, more realistic interpretation seems not only livable, but quite practical.

The new letter of interpretation reads in part, "The ultimate decision whether, when, and where to make the flight rests with the pilot. A pilot also must continue to reevaluate changing weather conditions. If the composite information indicates to a reasonable and prudent pilot that he or she will encounter visible moisture at freezing or near freezing temperatures and that ice will adhere to the aircraft along the proposed route and altitude of flight, then known icing conditions likely exist. If the AFM prohibits flight in known icing conditions and the pilot operates in such conditions, the FAA could take enforcement action."

Personally, having flown many hours in the Northeast during cold months, I find this interpretation to be a step forward. Prior to November 2006, before any interpretation of known icing had been issued, there was always an issue of possible enforcement action if a problem occured. There had been cases where pilots had been charged with an FAR violation when they requested special handling from ATC due to an icing problem. In some of those cases, the pilots flagrantly flew into known icing. But, in others, enforcement action was based on a PIREP of icing a hundred miles away and several hours prior to the flight in question.

Use this link to download the actual letter. Note that the letter includes a link for comment. I will be sending my comments in support of the new interpretation. Please read the interpretation for yourself and make your own decision.

Please continue to send me your comments at gene@genebenson.com or use the secure comment form by clicking here.

Copyright © 2007 Gene Benson