Backcountry Aviation Protection Act

To clarify minimum altitudes for go-arounds, inspection passes, practice approaches, and qualified instrument approaches. 1. Short title This Act may be cited as the Backcountry Aviation Protection Act 2. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and qualified instrument approaches (a) Revised regulations (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations as necessary to allow a properly qualified pilot operating an aircraft to conduct, without regard to the minimum altitudes set forth in such sections— (A) in the case of section 91.119 of title 14, Code of Federal Regulations, a go-around, an inspection pass, a practice approach, or a qualified instrument approach; (B) in the case of section 91.177 of such title 14, a qualified instrument approach; and (C) in the case of section 91.515 of such title 14, a go-around, a practice approach, or a qualified instrument approach. (2) Landing configuration requirement In revising regulations under paragraph (1), the Administrator may require, through a codified regulation, an aircraft to be in a landing configuration when it conducts a go-around, a practice approach, or a qualified instrument approach and is below the applicable minimum altitude. (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) Clarifying no shift in burden of proof In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of section 91.119, 91.177, or 91.515 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, as applicable. (d) Savings clause Nothing in this section shall impose a requirement on a person to complete a go-around, inspection pass, or practice approach before a landing. (e) Definitions In this section: (1) 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. (2) Inspection pass The term inspection pass (3) Instrument approach procedure; IFR conditions The terms instrument approach procedure IFR conditions (4) Potential landing site The term potential landing site (A) the takeoff or landing of an aircraft is not prohibited; and (B) the person operating the aircraft believes that, considering the aircraft's takeoff and landing performance and the person's skill as a pilot, 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. (5) Practice approach The term practice approach (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. (6) Qualified instrument approach The term qualified instrument approach (A) the published instrument approach procedure; or (B) a clearance or instruction issued by air traffic control.

Summary: Backcountry Aviation Protection ActThis bill directs the Federal Aviation Administration (FAA) to revise regulations, as necessary, 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 minimum safe altitude standards. Under current regulations, a person may not operate an aircraft below certain minimum safe altitudes except when necessary for takeoff or landing. The regulations do not include exceptions for situations such as a go-around (i.e., an aborted landing) or a practice approach.Beginning one year after the bill's enactment, if the FAA has not published final regulations as required by the bill, the FAA may not take an enforcement action against a person related to a go-around, inspection pass, or practice approach.The bill specifies that the FAA has the burden of proof with respect to enforcement actions to prove each element of the offense and the inapplicability of each exception to the offense.