| Without a doubt, the most talked about | | | | If there are any questions about which |
| subject in hobby rocketry today is about | | | | explosives are to be treated as exempted |
| the increase of regulatory scrutiny. And | | | | under 27 CFR 55.141 (a) (7), please |
| also without a doubt, the area that has | | | | contact the Public Safety Branch at |
| caused the most misinformation to be | | | | 202-927- 8690. |
| disseminated is the very same regulatory | | | | What Next?: |
| quagmire. More questions have been | | | | After an unproductive regulatory |
| asked, more incorrect answers have been | | | | "summit" in Washington DC on February |
| given, more inappropriate scenarios have | | | | 4th of this year, the director of the |
| been posed about this one topic than any | | | | High Power Rocket Manufacturers and |
| of the other items of interest to hobby | | | | Dealers Association announced his |
| rocketeers at any time in recent | | | | retirement in a letter to the members of |
| history. | | | | the rocketry trade, stating: |
| Granted, regulatory concerns are | | | | "I can not say that I am surprised by |
| something to be genuinely concerned | | | | the outcome of the meeting. I can say |
| about - the very smallest infractions | | | | that I'm not pleased by the outcome, nor |
| could bear serious consequences for the | | | | the current direction that this matter |
| offender. With terms like "felony" and | | | | is heading in. For the past few days |
| "misdemeanor" being thrown around with | | | | I've contemplated just how the trade |
| penalties that include "fined not more | | | | association should respond. All of the |
| than $10,000" and "imprisoned not more | | | | responses boil down to one of three |
| than 10 years," it's nothing to sneeze | | | | options: |
| at. As a result of this, it's time to | | | | 1. Accept it. This would be the easiest |
| look into the inner workings of exactly | | | | and cheapest, at least in the short |
| what is going on, see if we can make | | | | term. I can not recommend the option |
| heads or tails of the situation, and get | | | | because of its large negative impact |
| some common sense infused into the | | | | upon the trade and the hobby as a whole. |
| frenzy that has become know as the | | | | 2. Legislative change. This would |
| Regulatory Nightmare of 1999. | | | | involve an actual change to the federal |
| Misconception #1: | | | | law(s) that cover our industry/hobby. |
| One of the first misconceptions many | | | | This option would require the convincing |
| people have about the current state of | | | | of a Congressman or a Senator to sponsor |
| regulatory oversight, the impending | | | | the required legislation. |
| enforcement of explosives laws, is that | | | | 3. Judicial remedy. This option would |
| this is new. Wrong. These are not new | | | | involve entering into litigation with |
| regulations - they are existing | | | | ATF, with the hope that a Judge will |
| regulations that have not been enforced | | | | force the agency to change its current |
| since their inception with regard to the | | | | regulations and/or policies." |
| rocketry community. The Bureau of | | | | It appears the national rocketry |
| Alcohol, Tobacco and Firearms have been | | | | organizations favor a more proactive |
| charged with the responsibility of | | | | option than simply accepting it, however |
| maintaining a list of explosive | | | | this would be a long-term solution, and |
| materials, published annually in the | | | | one that will require a lot of effort, |
| Federal Register. On this list are | | | | money and time. If you plan to wait it |
| compounds and materials that are deemed | | | | out, be prepared for a long, long |
| to be explosive in nature and therefore | | | | sitting spell. |
| pose a threat to the general public if | | | | Misconception #2: |
| not regulated in a secure manner. | | | | Another misconception is that you must |
| The mainstay of the rocketry hobby for | | | | belong to a national rocketry |
| rocket propulsion, compressed black | | | | organization or that you be certified by |
| powder propellant and ammonium | | | | a national rocketry organization to a |
| perchlorate composite propellant, have | | | | certain level in order to purchase |
| been on this list for years. However, | | | | federally regulated motors. Wrong. There |
| certain volumes of these propellants | | | | is no mention in the federal law of any |
| have been exempted from regulatory | | | | organizational requirements. |
| oversight by the authorities because of | | | | This misconception probably stems from |
| their definition - toy propulsion | | | | the high power rocketry safety codes of |
| devices for model rockets. Going back to | | | | the several national rocketry |
| 1970, model rocket motors were exempted | | | | organizations, such as TRA's verbatim |
| from regulation by The Organized Crime | | | | adoption of NFPA 1127 as its safety |
| Control Act, 18 U.S.C. Chapter 40, a | | | | code. As of this date, there are no |
| piece of legislation that excluded model | | | | states that have officially adopted NFPA |
| rocket engines utilizing small amounts | | | | 1127 into law, meaning the jurisdiction |
| of black powder as propellants. Since | | | | of NFPA 1127 lies solely within the |
| that time, the popularity of the hobby | | | | organizations that have adopted it. |
| as well as the desire for more power led | | | | Taking It To The Streets: |
| to the development of composite | | | | In March of this year, Rocketry Online |
| propellants, ammonium and potassium | | | | polled ten known high power rocket motor |
| perchlorate composites, to be exact. | | | | dealers to find out where they stood on |
| Enter 62.5 Grams: | | | | sales to in-state residents, both with |
| When the Consumer Product Safety | | | | and without low explosives users |
| Commission (CPSC) reviewed these | | | | permits, as well as sales to individuals |
| products, they utilized an arbitrary | | | | who were not certified by a national |
| limit of propellant weight and power as | | | | rocketry organization. They were asked |
| the cutoff point for the definition of a | | | | how they currently operate and how they |
| toy propellant device. Defined in 16 CFR | | | | would operate in the future. Lastly, |
| 1500.84(a)(8), those motors containing a | | | | they were asked if they would be willing |
| propellant weight of 62.5 grams or less | | | | to store motors for individuals who lack |
| and which produce less than 80 | | | | sufficient storage facilities. |
| newton-seconds of total impulse would be | | | | The ten motor dealers were: Red Arrow |
| classified as a model rocket motor. The | | | | Hobbies, Starflight Industries, Trailing |
| 62.5 grams number was arrived at in the | | | | Edge Technologies, Countdown Hobbies, |
| mid-70's by several motor manufacturers | | | | Rocket Science, Zeppelin Hobbies, Magnum |
| to create DOT-E-7887, a Department of | | | | Rockets, Commonwealth Displays, and |
| Transportation shipping exemption. This | | | | California High Power Rocketry. |
| limit resulted in the legalized shipping | | | | Of the ten who were contacted, only four |
| of all F-class motors and the then "new" | | | | chose to participate. Here's how those |
| G-class motors under what was known as | | | | four scored: |
| Class C explosives, now known as Class | | | | 1. "Do you currently sell restricted |
| 1.4. | | | | products to certified individuals who |
| Since then, hobby rocketry has continued | | | | are residents of your state possessing a |
| to enjoy a successful period of growth, | | | | completed ATF 5400.4 form in lieu of a |
| attracting more and more new entrants | | | | LEUP?" |
| into the ranks, effectively raising the | | | | All four answered "yes." |
| visibility of the hobby on the | | | | 2. "Will you in the future sell |
| regulatory radar screen. Given the | | | | restricted products to certified |
| increased participation and the | | | | individuals who are residents of your |
| continued growth of more and more | | | | state possessing a completed ATF 5400.4 |
| powerful motors, hobby rocketry today is | | | | form in lieu of a LEUP?" |
| a victim of its own success, painting | | | | All four answered "yes." |
| the regulatory community into the | | | | 3. "Do you currently sell restricted |
| proverbial corner, demanding that | | | | products to uncertified individuals who |
| something be done to assure the safe | | | | are not members of a national |
| pursuit of such endeavors. Combined with | | | | organization but are in full compliance |
| other unfortunate incidents of late | | | | with federal requirements of possessing |
| involving explosives and terrorism, its | | | | either a valid LEUP or a completed ATF |
| only natural that the mass of the | | | | 5400.4 form?" |
| unknowing populace wants some kind of | | | | Two answered "yes" and two answered |
| assurances. | | | | "no." |
| Big Brother Is Watching: | | | | 4. "Will you in the future sell |
| In February of 1997, the Bureau of | | | | restricted products to uncertified |
| Alcohol, Tobacco and Firearms sought to | | | | individuals who are not members of a |
| initiate discussion within their ranks | | | | national organization but are in full |
| about "high power rocketry," as today's | | | | compliance with federal requirements of |
| high performance large model rockets | | | | possessing either a valid LEUP or a |
| have come to be known. They produced an | | | | completed ATF 5400.4 form?" |
| internal memorandum bearing that name as | | | | Three answered "yes" and one answered |
| the title (See sidebar). In this memo, | | | | "no." |
| they addressed the issues as they saw | | | | 5. "Based on the requirements for lawful |
| them, stating that it was their belief | | | | storage of all restricted products, no |
| that the ATF needed to be proactive | | | | matter if the users holds a low |
| before any accidents involving high | | | | explosives users permit or a completed |
| power rockets occurred, certainly a | | | | ATF form 5400.4, would you, or do you |
| common sense deduction if there ever was | | | | already, provide storage for a customer |
| one. The ATF considers any model rocket | | | | if they were/are unable to use their |
| motor that contains a propellant weight | | | | restricted product at the launch to |
| greater than 62.5 grams and producing a | | | | which it was delivered?" |
| total impulse of more than, or equal to, | | | | All four answered "Yes." |
| 80 newton-seconds, a high power rocket | | | | Of the ten contacted, only two confirmed |
| motor, placing it under the provisions | | | | companies were already operating exactly |
| of the Federal explosives laws, 18 | | | | as the law allows: Countdown Hobbies and |
| U.S.C. Chapter 40. The memo went on to | | | | Starflight Industries. Zeppelin Hobbies |
| discuss the 62.5 grams limit and | | | | was prepared to modify future operations |
| addresses single use as well as | | | | based on a "revised understanding of the |
| reloadable motors. It in so much as | | | | law." The last "no" stated there were |
| stated that propellant slugs that could | | | | extenuating circumstances with |
| not be used individually but were | | | | California state law requiring |
| intended to be "used as a segment for | | | | additional registrations that hamper the |
| installation into larger motors" to | | | | ability to sell to uncertified |
| create a motor with greater than 62.5 | | | | individuals. With no clear understanding |
| grams of propellant would indeed be | | | | of how California law works, further |
| regulated. This, back in February of | | | | comment is unavailable. |
| 1997! | | | | So, there are dealers who are willing to |
| Certainly the regulatory agency's radar | | | | work with in-state residents, whether |
| screen "blipped" earlier the previous | | | | they are members of national rocketry |
| year. ATF Notice of Proposed Rulemaking | | | | organizations or not. Granted, if you |
| (NPRM) Number 841 was filed on October | | | | purchase regulated products and show up |
| 15, 1996, and hundreds of letters from | | | | at a sanctioned launch, you will have to |
| concerned rocketry enthusiasts poured | | | | abide by that organization's rules - |
| into Washington protesting the call for | | | | which means you must be certified to fly |
| an increase in Low Explosive Users | | | | the level of motor you wish to use. The |
| Permit fees from $20 for a one year | | | | point of this being that it is not a |
| permit to $100 for a three year permit. | | | | regulatory condition that you must be a |
| One thing it did was to let Washington | | | | member to purchase a regulated product, |
| know that there were more than just a | | | | but what good would it do you to |
| handful of rocketeers out there that | | | | purchase these products if you always |
| felt their actions deserved regulation. | | | | fly at sanctioned events? Participation |
| Logically the only people effected by a | | | | in the national organizations is a good |
| fee increase would be those who needed | | | | thing, and one that is strongly |
| to apply for a permit in the first | | | | encouraged. But by all means participate |
| place, something only a user of low | | | | from an educated position, not one of |
| explosives would need to do. As such, we | | | | ignorance. |
| tipped our hand to the "other players." | | | | Time To Decide: |
| In fact, in the June 1997 issue of the | | | | What does all this mean for you? It's |
| ATF Explosives Newsletter was the | | | | really very simple. How do you respond |
| following statement: | | | | to these: |
| "During the comment period, ATF received | | | | 1. I need to purchase single-use or |
| approximately 400 letters, primarily | | | | reloadable motors with larger than 62.5 |
| from the model rocket industry. Their | | | | grams of propellant in states other than |
| comments suggested that ATF create a | | | | the one in which I reside, or |
| separate catagory for rocketry permits | | | | 2. I wish to transport single-use or |
| with lower fees. ATF is considering the | | | | reloadable motors with larger than 62.5 |
| relative merits of such a proposal and | | | | grams of propellant to states other than |
| will issue a final rule in the near | | | | the one in which I reside, or |
| future." | | | | 3. My state is one in which there is no |
| Where Do I Fit In?: | | | | licensed dealer from which I could |
| The February 1997 ATF memorandum pretty | | | | purchase single-use or reloadable motors |
| much stated the issues as clearly as | | | | with larger than 62.5 grams of |
| they could be stated. Hobby | | | | propellant. |
| rocketry-related users of low explosives | | | | If you answered yes to any of these |
| were defined as those people who were | | | | questions, then you should apply for a |
| purchasing or transporting single-use or | | | | Low Explosives Users Permit. |
| reloadable motors with greater than 62.5 | | | | If on the other hand, how do you respond |
| grams of total propellant weight in | | | | to these: |
| interstate or foreign commerce. | | | | 1. I have a dealer from whom I could |
| They also clearly stated in the memo | | | | purchase single-use or reloadable motors |
| that users of these products making | | | | with larger than 62.5 grams of |
| their purchases from dealers licensed in | | | | propellant that is licensed in my state |
| their own state of residence were not | | | | of residence, or |
| required to have a federal users permit. | | | | 2. I have no desire to fly single-use or |
| But, they also cover very clearly that | | | | reloadable motors with larger than 62.5 |
| ALL individuals who store explosives, | | | | grams of propellant in states other than |
| whether they have a federal users permit | | | | the one in which I reside, or I fly only |
| or not MUST have storage facilities that | | | | single-use or reloadable motors with |
| comply with federal standards. They | | | | less than 62.5 grams of propellant in |
| further go on, in this same memo, to | | | | states other than the one in which I |
| touch upon a seemingly "hot potato" | | | | reside. |
| issue - the one about storage in an | | | | If you answered yes to these questions, |
| attached garage. The memo states that | | | | you probably do not need a Low |
| storage in attached garage will be | | | | Explosives Users Permit. Be aware that |
| allowed, as long as the magazine is | | | | in doing so, you limit your flying |
| separated from the living quarters by "a | | | | specifically to the state of your |
| wall." Read that again - it does not | | | | residence or you restrict your flying in |
| state a "1 hour firewall." It says "a | | | | other states only to unregulated motors. |
| wall." | | | | If you just need more information, check |
| The result of the NPRM 841 was a posting | | | | out the online Orange Book linked from |
| in the Federal Register of Treasury | | | | the sidebar above. If you have |
| Decision ATF-400 on August 24, 1998, the | | | | questions, you can post them in Rocketry |
| official status of the rulemaking | | | | Online's Regulatory Issues discussion |
| proposal. The increased fees that were | | | | forum, the place were all answers are a |
| proposed would become official on | | | | question away. Questions not readily |
| December 22, 1998. Upon closer scrutiny, | | | | answered are forwarded on to ATF in |
| it was determined that several | | | | Washington for detailed answers from the |
| UN-exempted products had been left off | | | | Explosives Technologies area. The |
| the regulation, meaning previously | | | | important thing is that information is |
| exempted model rocket motors would now | | | | available to be utilized. |
| become regulated, even those with less | | | | Lights, Camera, ACTION!: |
| than 62.5 grams of propellant. Once this | | | | If you have determined that you have a |
| was discovered, and was brought to the | | | | need for a user permit, you need to |
| attention of the ATF, a letter was | | | | complete an application and submit it to |
| issued (see sidebar) to Gary Rosenfield | | | | the ATF with a check or money order for |
| of AeroTech that stated: | | | | $100. You can get an application by mail |
| "As noted in your letter, the final rule | | | | from: |
| included a revision of 27 CFR | | | | Bureau of Alcohol, Tobacco & Firearms |
| 55.141(a)(7). The revision of 22 CFR | | | | P.O. Box 2994 |
| 55.141(a)(7) did not include UN numbers | | | | Atlanta, GA 30301-2994 |
| for model rocket motors that were | | | | Or you can call the ATF Atlanta Office |
| previously exempted from regulation | | | | at 404-679-5040. Applications are also |
| under 27 CRF Part 55. Since it was not | | | | available online at the ATF Web site at |
| the intent of the final rule to regulate | | | | http://www.atf.treas.gov. |
| these items, please be advised we are in | | | | While there is no such thing as a |
| the process of amending the regulations | | | | "non-storage" Low Explosives Users |
| to reflect this exemption." | | | | Permit, ATF will grant you one without |
| On August 24, 1998, the Bureau of | | | | personal storage so long as you have a |
| Alcohol, Tobacco, and Firearms (ATF) | | | | contingency plan should you not be able |
| published a final rule. Treasury | | | | to use your motors. An information flyer |
| decision, T.D. ATF-400: Notice No. 841, | | | | from the ATF states: |
| in the Federal Register amending 27 CFR | | | | "Careful consideration of your projected |
| Part 55. The final rule, which becomes | | | | needs can help you avoid having excess |
| effective December 22, 1998, amended 27 | | | | explosives at the end of the day and |
| CFR 55.141 (a) (7), which lists low | | | | being subject to the special |
| explosives exempted from regulation. The | | | | requirements of proper storage. Avoiding |
| final rule was not supposed to change | | | | any excess is usually the easiest |
| which low explosives were exempted. | | | | option. Otherwise, you are left with the |
| However, ATF failed to list in the final | | | | need to either destroy the explosives, |
| rule all the low explosives that were | | | | arrange to return them to your supplier, |
| meant to be exempted from regulation. | | | | or store them properly." |
| Consequently, as of December 22, 1998, | | | | Most business-savvy dealers will make |
| items such as toy plastic and paper | | | | arrangements to take back unflown |
| caps, explosive auto alarms, and toy | | | | regulated products. Those that don't |
| model rockets will be subject to | | | | will find that their competition will be |
| regulation under Part 55. We are | | | | taking away all their customers. |
| currently taking steps to correct the | | | | Businesses exist to serve one purpose: |
| oversight by amending 27 CFR 55.141 (a) | | | | to fill a unique need. The needs of |
| (7) to include all low explosives that | | | | individuals change all the time, and |
| were meant to be exempted from | | | | those businesses that cater to existing |
| regulation under 27 CFR Part 55. | | | | and current needs are the ones getting |
| In the interim, no enforcement action is | | | | the most business. |
| to be taken regarding the importation, | | | | Today's regulatory environment demands |
| distribution, and storage of the | | | | that motor dealers address this customer |
| following explosives; | | | | service issue - either they will provide |
| 1. Fireworks classified as UN0336, | | | | a refund or storage service, or they |
| UN0337, UN0431, or UN0432 explosives by | | | | will lose customers. Dave Popkin of |
| the U.S. Department of Transportation at | | | | Starflight Industries has such a policy, |
| 49 CFR 172.101 and generally known as | | | | and will provide a letter to accompany |
| "consumer fireworks" or "articles | | | | your Low Explosives Users Permit |
| pyrotechnic. " | | | | application stating that he will take |
| 2. Model rocket motors classified by the | | | | back unused motors for a full refund or |
| U.S. Department of Transportation at 49 | | | | credit. This is the action of a |
| CFR 172.101 as UN0349, UNO351, UN0471, | | | | progressive, proactive businessman at |
| NA0276, or NA0323; consisting of | | | | work. |
| ammonium perchlorate composite | | | | With storage solutions such as these, |
| propellant, black powder, or other | | | | there is no reason not to get legal. |
| similar low explosives; containing no | | | | Unless, of course, you are an old-school |
| more than 62.5 grams propellant weight; | | | | conspiratorial theorist who believes |
| and designed as single use motors or as | | | | your activities are of interest to the |
| reload kits. | | | | Government. That, or you're already |
| 3. Other low explosives classified by | | | | breaking the law and don't want to be |
| the U.S. Department of Transportation at | | | | detected. Please, don't play games, get |
| 49 CFR 172.101 as NA0337, UN0336, and | | | | legal. It's really not that hard. And |
| UN0337. | | | | it's certainly not worth it to get |
| Please ensure that this information is | | | | caught. |
| disseminated to all field personnel. | | | | |