[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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