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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2675 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Backcountry Aviation Protection 
Act''.

SEC. 2. CLARIFYING MINIMUM ALTITUDES FOR GO-AROUNDS, INSPECTION PASSES, 
              PRACTICE APPROACHES, AND QUALIFIED INSTRUMENT APPROACHES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall revise section 91.119 of 
title 14, Code of Federal Regulations, to allow a properly qualified 
pilot operating an aircraft to conduct a go-around, an inspection pass, 
a practice approach, or a qualified instrument approach without regard 
to the minimum altitudes set forth in such section.
    (b) Prohibition on FAA Enforcement Actions.--Beginning on the date 
that is 1 year after the date of enactment of this Act, the 
Administrator may not take an enforcement action against a person under 
section 91.119 of title 14, Code of Federal Regulations, related to a 
go-around, inspection pass, or practice approach unless the 
Administrator has published final regulations in the Federal Register 
as required by subsection (a).
    (c) Burden of Proof.--In an enforcement action for a violation of 
section 91.119 of title 14, Code of Federal Regulations, the burden of 
proof shall be upon the Administrator to prove each element of the 
offense and the inapplicability of each exception to the offense, 
including takeoff, landing, go-around, inspection pass, practice 
approach, or qualified instrument approach maneuvers.
    (d) Savings Clause.--Nothing in this Act shall impose a requirement 
on a person to complete a go-around, inspection pass, or practice 
approach before a landing.
    (e) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Go-around.--The term ``go-around''--
                    (A) means an aborted landing which occurs at any 
                point prior to the aircraft coming to a complete stop 
                at a potential landing site; and
                    (B) includes a maneuver--
                            (i) for flight safety purposes; or
                            (ii) to practice or instruct the 
                        appropriate procedures for an aborted landing.
            (3) IFR conditions; instrument approach procedure.--The 
        terms ``IFR conditions'', and ``instrument approach procedure'' 
        have the meaning given those terms in section 1.1 of title 14, 
        Code of Federal Regulations.
            (4) Inspection pass.--The term ``inspection pass'' means a 
        maneuver conducted to evaluate, at a low altitude, whether a 
        potential landing site is suitable for takeoff and landing.
            (5) Potential landing site.--The term ``potential landing 
        site'' includes any place on the surface of land or water 
        where--
                    (A) the takeoff or landing of an aircraft is not 
                prohibited; and
                    (B) the person operating the aircraft believes that 
                it is possible a landing and subsequent takeoff could 
                safely occur in the area such that it is objectively 
                reasonable to evaluate the area at a low altitude.
            (6) Practice approach.--The term ``practice approach'' 
        means a maneuver conducted with or without the intent to land 
        for the purpose of practicing--
                    (A) an instrument approach procedure in conditions 
                other than IFR conditions, provided that the pilot 
                complies with--
                            (i) the published instrument approach 
                        procedure; or
                            (ii) a clearance or instruction issued by 
                        air traffic control; or
                    (B) a simulated engine failure or emergency 
                descent.
            (7) Qualified instrument approach.--The term ``qualified 
        instrument approach'' means an instrument approach procedure 
        under actual IFR conditions in which the pilot complies with--
                    (A) the published instrument approach procedure; or
                    (B) a clearance or instruction issued by air 
                traffic control.
                                 <all>
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