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