A joint statement from Ken Good and Trip Barber regarding APCP regulation

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Submitted by noise on Tue, 05/19/2009 - 11:42.

Joint Statement on the BATFE Litigation

May 18, 2009

Since the U. S. Bureau of Alcohol Tobacco Firearms & Explosives has not
appealed the decision of the Federal District Court of March 16, 2009,
which ordered the agency to vacate their classification of APCP as an
explosive, and the period for their ability to do so has expired as of
May 16, 2009, on advice of counsel, we believe that the judgment is
considered final although we have not received confirmation from BATFE.
Accordingly, members may operate under the understanding that APCP
rocket motors are no longer regulated as an explosive material by BATFE,
and no longer require the permits formerly required by the agency to
buy, sell, or possess such motors.

Members possessing a LEUP are advised that they should evaluate their
individual situation based upon whether they possess (or plan to
possess) and store materials that are still considered regulated by
BATFE. While APCP rocket motors are now no longer regulated under the
requirements of the "Orange Book" and are not subject to requiring a
LEUP, other materials may be subject to these requirements.

Members are also reminded that both TRA and NAR safety codes stipulate
what motors they may possess, depending on their level of flyer
certification. These rules still apply to our members. We likewise
strongly encourage vendors of hobby rocket motors to continue to work
cooperatively with the rocketry community to only sell rocket motors to
customers who possess flyer certifications commensurate with the motors
they wish to purchase. Ensuring we maintain our strong level of
self-regulation will be an essential element in our ability to retain
this freedom from overregulation by outside agencies.

Members should immediately contact the leadership of TRA or NAR should
they encounter situations where any BATFE personnel conduct themselves
in a manner inconsistent with the final judgment of the Federal District
Court.

Ken Good

TRA President

Trip Barber

NAR President