Still if you are flying in clouds between 0 and -40C, you are techincally "in" known icing conditions.
from: http://www.ifr-magazine.com/defining_known_ice_certification_faa_ifr.html
(What do you think)
In explaining their definition of known ice, Loretta E. Alkalay, FAA Regional Counsel, referenced Administrator v. Curtis, NTSB Order No. EA-5154 (April 29, 2005). Here, the court ruled that conditions conducive to icing exists whenever near- or below-freezing temperatures and moisture exist together in a given area. It didn't matter that there were no reports or forecasts of icing conditions at any altitude anywhere near the route of flight.
The Regional Counsel's office also referenced Administrator v. Groszer, NTSB Order No. EA-3770 (January 5, 1993), which ruled that the threat of ice need not cover the entire area at all altitudes for the threat to be known or dangerous.
In short, the FAA defines known ice as any visible moisture (cloud or limiting visibility due to moisture) with temperatures at or near freezing. If you go there in a non-known-ice-certified aircraft, you are in violation. Period.
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The Regional Counsel's letter to me clarified the definition of known ice. You cannot legally fly a non-known-ice-certified airplane into any cloud near or below zero degrees C or you are in violation. If the FAA learns, either by direct observation or via a filed complaint, that a non-known-ice-certified aircraft entered a freezing cloud, it will initiate the EDT process and an enforcement may, or may not, result.