Rocketry regulations

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

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Rocketry regulations