[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7660 Introduced in House (IH)]
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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.
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) 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'' means a
maneuver conducted to evaluate, at a low altitude, whether a
potential landing site is suitable for takeoff and landing.
(3) Instrument approach procedure; ifr conditions.--The
terms ``instrument approach procedure'' and ``IFR conditions''
have the meaning given those terms in section 1.1 of title 14,
Code of Federal Regulations.
(4) 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, 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''
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.
(6) 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.
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