Legal Interpretations
Bell-AOPA 2008
Summary
The Question
Would the FAA rescind its Eastern Region's June 6, 2006 letter of interpretation on flight in known icing conditions?
Background
The Aircraft Owners and Pilots Association asked the FAA to rescind a June 6, 2006 Eastern Region letter interpreting "known icing conditions," a term used in many general aviation airplane flight manuals and pilot operating handbooks.
The FAA’s Interpretation
Yes. The Chief Counsel withdrew the Eastern Region letter in its entirety because it was issued without adequate internal coordination and was in error. A draft replacement interpretation was published for comment in the Federal Register on April 3, 2007, and was being revised and finalized in response to the many comments received.
- Requester
- Bell
- Organization
- AOPA
- Issued
- September 22, 2008
- Subject
- General
- Withdraws
- Robert J. Miller (June 6, 2006)
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
September 22, 2008
Ms. Leisha Bell
Manager, Regulatory Affairs
Office of the Chief Counsel
Aircraft Owners and Pilots Association
421 Aviation Way
Frederick, Maryland 21701-4 798
Subject: Legal Interpretation of Known Icing Conditions
Dear Ms. Bell:
800 Independence Ave., S.W.
Washington, D.C. 20591
In a letter dated November 21 , 2006, to the Federal Aviation Administration (FAA) Office of the Chief Counsel, Mr. Luis M. Gutierrez, then-Director of Regulatory and Certification Policy for the Aircraft Owners and Pilots Association (AOPA), requested the rescission of a letter of interpretation regarding flight in known icing conditions, issued by the FAA' s Office of Regional Counsel for the Eastern Region on June 6, 2006 (the Letter). The Letter was issued without adequate internal coordination and was in error. Accordingly, it is hereby withdrawn in its entirety.
The Letter responded to a request by Robert J. Miller for a legal interpretation of "known ice" as it relates to flight operations. We construed the request as seeking clarification of the meaning of "known icing conditions" as that term appears in the Airplane Flight Manuals (AFM) or Pilot Operating Handbooks for many general aviation aircraft. On April 3, 2007, we published a draft interpretation in the Federal Register that we anticipated would replace the Letter (72 FR 15931). As you may be aware, the Office of the Chief Counsel may seek public comment on a request for legal interpretation when it believes the response to such a request may have a significant impact on the regulated community. In view of the controversy and confusion surrounding the Letter, we decided to seek public input in this instance. Due to the numerous comments received on the draft interpretation, we have decided that certain additional revisions are appropriate. We are finalizing that interpretation and expect to issue it by the end of October. I apologize for the delay in responding to AOPA' s November 21 , 2006 request.
Sincerely,
G.~"'Kerry B. Long
Chief Counsel
Snapshot retrieved August 6, 2026.