Backcountry Aviation Protection Act

Bill: 118-s-2675
Sponsor: full_name: Sen. Budd, Ted [R-NC]
Introduced: 2023-07-27
Policy area: Transportation and Public Works
Latest action: action_date: 2023-07-27
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2023-07-27
action_desc: Introduced in Senate
text: <p><strong>Backcountry Aviation Protection Act</strong></p><p>This bill directs the Federal Aviation Administration (FAA) to revise regulations to&nbsp;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&nbsp;regulations, a person may not operate an aircraft below certain minimum safe altitudes except when necessary for takeoff or landing. The regulation does not include exceptions for situations such as a go-around (i.e., an aborted landing) or a practice approach.</p><p>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&nbsp;a go-around, inspection pass, or practice approach.</p><p>Under the bill, 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.</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: II 118th CONGRESS 1st Session S. 2675 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. 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) 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.