The Senate Plenary approved last Wednesday (10) the bill that encourages space activities with Brazilian participation. The text, which contains rules for space exploration, including investments from the private sector, is now awaiting presidential sanction.
O PL 1.006 / 2022, by congressman Pedro Lucas Fernandes (União-MA), had already been approved by the Foreign Affairs and National Defense Committee (CRE) with a favorable opinion from senator Astronaut Marcos Pontes (PL-SP).
In addition to dealing with launch vehicles, the text regulates the transportation of personnel and material into space; the development of satellites, rockets, spacecraft, stations and their components and equipment; the exploration of celestial bodies such as the Moon, meteors, comets, asteroids or other planets; space tourism; and the removal of debris.
Pontes, who accepted two editorial amendments, had been advocating for consistent legislation for the development of space activities to allow for the aggregation of value in different production chains and the dissemination of innovations. He stated that the approval of the project should be celebrated as a milestone for the Brazilian space program.
Competent authorities
The bill mandates the Brazilian Air Force Command to regulate and monitor space activities related to national security and defense. The institution will now authorize any launch vehicle flight in Brazilian airspace. The Ministry of Defense will be able to monitor the reception and distribution of space data that is sensitive to national security.
Civil activities, which are all those that are not characterized as defense activities, will be regulated, authorized and monitored by the Brazilian Space Agency (AEB). For simultaneous civil and military activities, the Air Force Command and the AEB will have to act in a coordinated manner. The National Telecommunications Agency (Anatel) will be responsible for authorizing other activities.
Space operators
Space activities may be explored by both the public authorities and the private sector, through partnerships and other instruments such as concessions and permissions, creating “space operators”.
The Union may economically exploit, directly or indirectly, without bidding, the space infrastructure, including ground equipment and logistical resources, installations and computer systems necessary to carry out space activities.
The regulatory authorities, AEB and the Air Force Command, will have free access to the facilities and equipment of space operators. They may, at any time, cancel or change the licenses granted in the event of non-compliance with obligations or when there is a threat to national security or violation of international commitments. Even if its activities are suspended or canceled, the operator remains responsible for the artifacts that are in operation.
A space operator may transfer control of its artifacts to another, but this will depend on new licensing and authorization. Data and information on all national space activities must be collected, processed and stored in the Brazilian Space Registry (Resbra), accessible to the Air Force Command.
Accidents
In order to carry out its activities, the civil space operator must present real guarantees and insurance covering possible damages to third parties or public property. Accidents, whether military or civilian, must be reported to the Air Force Command or the AEB within 24 hours.
The project also creates the Space Activities Accident Investigation and Prevention System (Sipae), composed of the AEB, the Air Force Command and organizations involved in the manufacture, operation or maintenance of space artifacts and air traffic control.
Accidents involving space activities will be investigated by Sipae under the guidance of the Air Force Command, independently, and cannot be used as evidence in legal or istrative proceedings.
Space debris
Operators must minimize the generation of space debris. The Air Force Command will monitor the existence of such debris and the AEB will coordinate any rescues.
Resources
The funds generated by space activities will go towards research in the sector, infrastructure maintenance, promotion of the space industry, accident prevention and socio-environmental development. Fees charged to private operators will go to the Scientific and Technological Development Fund (FNDCT) and the Aeronautical Fund.
Operators who do not comply with the rules and obligations will be subject to specific penalties, such as a warning, suspension or revocation of the license or authorization, in addition to a fine reverted to the FNDCT.
Deadlines
Within 180 days of the law coming into effect, Resbra must be established by the AEB and a commission will be created to formulate, monitor and evaluate Brazilian space policy. Within 365 days, space activities will be regulated by each competent space authority.
Read also
- Microsoft innovates in Flight Simulator 2024 with new “flying apprentice” mode and more aircraft
- Investigation points to damaged fuel hose as cause of Cathay Pacific Airbus A350 engine fire
- Chinese leasing company CDB Aviation orders 50 Boeing 737-8 MAX
Source: The Senate Agency
