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