118 S2675 IS: Backcountry Aviation Protection Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2675IN THE SENATE OF THE UNITED STATESJuly 27, 2023Mr. Budd introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo 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.