I 

118TH CONGRESS 

2D SESSION H. R. 7660 

To clarify minimum altitudes for go-arounds, inspection passes, practice 

approaches, and qualified instrument approaches. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2024 

Ms. HAGEMAN (for herself, Mr. WEBER of Texas, and Mr. SMITH of Nebraska) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To clarify minimum altitudes for go-arounds, inspection 

passes, practice approaches, and qualified instrument approaches. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Backcountry Aviation 

5 Protection Act’’. 


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1 SEC. 2. CLARIFYING MINIMUM ALTITUDES FOR GO2 AROUNDS, INSPECTION PASSES, PRACTICE 

3 APPROACHES, AND QUALIFIED INSTRUMENT 

4 APPROACHES. 

5 (a) REVISED REGULATIONS.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of enactment of this Act, the Adminis8 trator of the Federal Aviation Administration shall 

9 revise regulations as necessary to allow a properly 

10 qualified pilot operating an aircraft to conduct, with11 out regard to the minimum altitudes set forth in 

12 such sections— 

13 (A) in the case of section 91.119 of title 

14 14, Code of Federal Regulations, a go-around, 

15 an inspection pass, a practice approach, or a 

16 qualified instrument approach; 

17 (B) in the case of section 91.177 of such 

18 title 14, a qualified instrument approach; and 

19 (C) in the case of section 91.515 of such 

20 title 14, a go-around, a practice approach, or a 

21 qualified instrument approach. 

22 (2) LANDING CONFIGURATION REQUIRE23 MENT.—In revising regulations under paragraph (1), 

24 the Administrator may require, through a codified 

25 regulation, an aircraft to be in a landing configura26 tion when it conducts a go-around, a practice apVerDate Sep 11 2014 06:16 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7660.IH H7660

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1 proach, or a qualified instrument approach and is 

2 below the applicable minimum altitude. 

3 (b) PROHIBITION ON FAA ENFORCEMENT AC4 TIONS.—Beginning on the date that is 1 year after the 

5 date of enactment of this Act, the Administrator may not 

6 take an enforcement action against a person under section 

7 91.119 of title 14, Code of Federal Regulations, related 

8 to a go-around, inspection pass, or practice approach un9 less the Administrator has published final regulations in 

10 the Federal Register as required by subsection (a). 

11 (c) CLARIFYING NO SHIFT IN BURDEN OF PROOF.— 

12 In accordance with section 556(d) of title 5, United States 

13 Code, in an enforcement action for a violation of section 

14 91.119, 91.177, or 91.515 of title 14, Code of Federal 

15 Regulations, the burden of proof shall be upon the Admin16 istrator to prove each element of the offense and the inap17 plicability of each exception to the offense, including take18 off, landing, go-around, inspection pass, practice ap19 proach, or qualified instrument approach maneuvers, as 

20 applicable. 

21 (d) SAVINGS CLAUSE.—Nothing in this section shall 

22 impose a requirement on a person to complete a go23 around, inspection pass, or practice approach before a 

24 landing. 

25 (e) DEFINITIONS.—In this section: 


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1 (1) GO-AROUND.—The term ‘‘go-around’’— 

2 (A) means an aborted landing which oc3 curs at any point prior to the aircraft coming 

4 to a complete stop at a potential landing site; 

5 and 

6 (B) includes a maneuver— 

7 (i) for flight safety purposes; or 

8 (ii) to practice or instruct the appro9 priate procedures for an aborted landing. 

10 (2) INSPECTION PASS.—The term ‘‘inspection 

11 pass’’ means a maneuver conducted to evaluate, at 

12 a low altitude, whether a potential landing site is 

13 suitable for takeoff and landing. 

14 (3) INSTRUMENT APPROACH PROCEDURE; IFR

15 CONDITIONS.—The terms ‘‘instrument approach pro16 cedure’’ and ‘‘IFR conditions’’ have the meaning 

17 given those terms in section 1.1 of title 14, Code of 

18 Federal Regulations. 

19 (4) POTENTIAL LANDING SITE.—The term ‘‘po20 tential landing site’’ includes any place on the sur21 face of land or water where— 

22 (A) the takeoff or landing of an aircraft is 

23 not prohibited; and 

24 (B) the person operating the aircraft be25 lieves that, considering the aircraft’s takeoff 


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1 and landing performance and the person’s skill 

2 as a pilot, it is possible a landing and subse3 quent takeoff could safely occur in the area 

4 such that it is objectively reasonable to evaluate 

5 the area at a low altitude. 

6 (5) PRACTICE APPROACH.—The term ‘‘practice 

7 approach’’ means a maneuver conducted with or 

8 without the intent to land for the purpose of prac9 ticing— 

10 (A) an instrument approach procedure in 

11 conditions other than IFR conditions, provided 

12 that the pilot complies with— 

13 (i) the published instrument approach 

14 procedure; or 

15 (ii) a clearance or instruction issued 

16 by air traffic control; or 

17 (B) a simulated engine failure or emer18 gency descent. 

19 (6) QUALIFIED INSTRUMENT APPROACH.—The 

20 term ‘‘qualified instrument approach’’ means an in21 strument approach procedure under actual IFR con22 ditions in which the pilot complies with— 

23 (A) the published instrument approach 

24 procedure; or 


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1 (B) a clearance or instruction issued by air 

2 traffic control. 

Æ 


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