Monday, May 18, 2009

The date to appeal Judge Walton's ruling, which vacated the classification of APCP as an explosive, has come and gone

Hot off the presses. I may actually fly an 'H' motor next month to celebrate.


Since the BATFE 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, 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 NAR and TRA 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 NAR or TRA should they encounter situations where any BATFE personnel conduct themselves in a manner inconsistent with the final judgment of the Federal District Court.

Trip Barber Ken Good
NAR President TRA President