The Return of "Known Icing"

[midlifeflyer]

Most of you will recall the bruhaha raised by the FAA letter to Robert Miller about known icing a few months ago. Yesterday, the FAA took the very unusual step of publishing a proposed retraction and reissue of the letter for public comment.

The pdf version of the proposal is here:

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-1620.pdf

In text format, it is here:

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-1620.htm

 

[Dan Smith]

Interesting.... "use your best judgment, but if you mess up it could be careless/reckless operation". That's about what it was before to 2006 interpretation, and it sounds fair to me.

Dan

 

[poadeleted20]

The key sentence in the critical paragraph:

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.​

...hasn't really changed much, other than to say known icing conditions only "likely" exist if you have visible moisture and freezing temps. However, given addition of that critical word "likely" and the weasel-wording surrounding it, the legal door is once again open to fools. I await the NTSB's response -- I think it is "likely" to be harsh.

In any event, it seems to me that the Northeast Region Flight Standards and Legal folks were trying to send a sharp message to Mr. Miller in response to his published statements about flying non-FIKI airplanes into conditions where icing was known to be forming (especially when he admitted to climbing back into the clouds after getting ice penetrating down through them). It is not, in my opinion, a positive day for safety when that message is diluted.

 

[Skip Miller]

In any event, it seems to me that the Northeast Region Flight Standards and Legal folks were trying to send a sharp message to Mr. Miller in response to.....

zzzzsnork Wha? Who? Oh! That Mr. Miller! <resumes regularly scheduled nap>

-Skip