II 

118TH CONGRESS 

1ST SESSION S. 2675 

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

approaches, and qualified instrument approaches, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. BUDD introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

A BILL 

To clarify minimum altitudes for go-arounds, inspection 

passes, practice approaches, and qualified instrument approaches, and for other purposes. 

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) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Administrator shall re7 vise section 91.119 of title 14, Code of Federal Regula8 tions, to allow a properly qualified pilot operating an air9 craft to conduct a go-around, an inspection pass, a prac10 tice approach, or a qualified instrument approach without 

11 regard to the minimum altitudes set forth in such section. 

12 (b) PROHIBITION ON FAA ENFORCEMENT AC13 TIONS.—Beginning on the date that is 1 year after the 

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

15 take an enforcement action against a person under section 

16 91.119 of title 14, Code of Federal Regulations, related 

17 to a go-around, inspection pass, or practice approach un18 less the Administrator has published final regulations in 

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

20 (c) BURDEN OF PROOF.—In an enforcement action 

21 for a violation of section 91.119 of title 14, Code of Fed22 eral Regulations, the burden of proof shall be upon the 

23 Administrator to prove each element of the offense and 

24 the inapplicability of each exception to the offense, includ25 ing takeoff, landing, go-around, inspection pass, practice 

26 approach, or qualified instrument approach maneuvers. 


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1 (d) SAVINGS CLAUSE.—Nothing in this Act shall im2 pose a requirement on a person to complete a go-around, 

3 inspection pass, or practice approach before a landing. 

4 (e) DEFINITIONS.—In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Federal 

7 Aviation Administration. 

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

9 (A) means an aborted landing which oc10 curs at any point prior to the aircraft coming 

11 to a complete stop at a potential landing site; 

12 and 

13 (B) includes a maneuver— 

14 (i) for flight safety purposes; or 

15 (ii) to practice or instruct the appro16 priate procedures for an aborted landing. 

17 (3) IFR CONDITIONS; INSTRUMENT APPROACH

18 PROCEDURE.—The terms ‘‘IFR conditions’’, and 

19 ‘‘instrument approach procedure’’ have the meaning 

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

21 Federal Regulations. 

22 (4) INSPECTION PASS.—The term ‘‘inspection 

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

24 a low altitude, whether a potential landing site is 

25 suitable for takeoff and landing. 


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1 (5) POTENTIAL LANDING SITE.—The term ‘‘po2 tential landing site’’ includes any place on the sur3 face of land or water where— 

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

5 not prohibited; and 

6 (B) the person operating the aircraft be7 lieves that it is possible a landing and subse8 quent takeoff could safely occur in the area 

9 such that it is objectively reasonable to evaluate 

10 the area at a low altitude. 

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

12 approach’’ means a maneuver conducted with or 

13 without the intent to land for the purpose of prac14 ticing— 

15 (A) an instrument approach procedure in 

16 conditions other than IFR conditions, provided 

17 that the pilot complies with— 

18 (i) the published instrument approach 

19 procedure; or 

20 (ii) a clearance or instruction issued 

21 by air traffic control; or 

22 (B) a simulated engine failure or emer23 gency descent. 

24 (7) QUALIFIED INSTRUMENT APPROACH.—The 

25 term ‘‘qualified instrument approach’’ means an inVerDate Sep 11 2014 02:59 Aug 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2675.IS S2675

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1 strument approach procedure under actual IFR con2 ditions in which the pilot complies with— 

3 (A) the published instrument approach 

4 procedure; or 

5 (B) a clearance or instruction issued by air 

6 traffic control. 

Æ 


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