Correct. However, Jerry's dealings with DOT show us what an unreliable source
he is for info about complying with government regulations, among other things.
Neither is Jerry's spin on it. The fact is that the PAD exemption is
not necessarily forever. My dispute with Jerry on this subject is
that he claims the judge says motors are PADs. He didn't say that.
He did say that because ATF didn't do the NPRM, their claim that they
aren't PADs is invalid. Consequently, they reverted to the previous
policy that said they are PADs. The judge also said it's within ATFs
jurisdiction to declare them as non Pads IF the do the NPRM properly.
This is different from Jerry's claim that the judge said they are
PADs.
Well, they are now, they always have been, and will be unless there is
a rulemaking to the contrary... BATF's staement that "oh, we want to
change that rule" has no legal force, and seems to have had the primary
effect of giving the judge notice of their plans: hey may end up reviewing
it before it even formally enters the "notice and comment" process.
You seem to be advocating that we consider it a lost cause already.
-dave w
A mindless statement.
"In addition, the Court finds that the ATF's pronouncement
that sport rocket motors are not PADs is invalid
because it was made without compliance with the
notice-and-comment rulemaking procedures
of the OCCA and the APA."
- Court order FEDERAL COURT 19 March 2004 Part 2
"In addition, the Court finds that the ATF's pronouncement
that sport rocket motors are not PADs is invalid
because it was made without compliance with the
notice-and-comment rulemaking procedures
of the OCCA and the APA."
- Court order FEDERAL COURT 19 March 2004 Part 2
Therefore each of your claims is full of shit.
At least you are TOTALLY full of it.
Jerry
I'm not advocating anything. I'm just saying that I don't agree with
what Jerry said about PADs. The effect of the ruling is undisputed.
Realistically, would you want to take on ATF based just on Jerry's
opinion?
Therefore you are advocating the opposite of whatever I say. My sayings
are based on a literal reading of the law, letter rulings, and judicial
orders all consistent with each other and with my sayings.
And the law.
And letter rulings.
and Judicial Orders.
My opinion of them is of them, not a standalone thing.
My opinion was not formed in a vacuum.
Jerry
"I had my share of moments when I was ostracized from rmr for what I had
to say - like that Jerry Irvine was at the core of HPR's infancy -
because this is a public forum and it can attract all kinds."
- Gene Costanza TRA #07017
"FUD stands for "Fear, Uncertainty, and Doubt". It rears its ugly
head when companies have no legitimate way to criticize a
competitor's product, so they use vague inferences to do so."
"I am NOT at all satisfied with the organizations performance in the
development of NFPA codes, and was appalled at their obstruction of the
legislative effort. They presume to be rocketry advocacies, but conduct
themselves like rocketry regulatory advocacies and kindly offer to be
the surrogates of those who would just as soon see rocketry
extinguished."
- Izzy
and the last word:
"I have a big problem with all this 'in excess of the regulations' crap.
We should be making things easier for flyers, not harder. IMO TRA
takes a very short view of things and I think its going to bite them in
the butt."
- Ismaeel Abdur-Rasheed
Realistically, I plan to go ahead and propel my rockets with Propellant
Actuated Devices, and assume that, if we leave them alone, ATF will find
bigger fish to fry. If that assumption proved incorrect, and they made "the
first move", I'd be quite prepared to take them on, based on the judge's
opinion... (I don't think it will come to that; I've previously expressed
my opinion on why ATF would probably not find it wise to force a criminal
test case at this time...)
-dave w
Hmmm... so this is B. Kelly writing in a recent issue of HPR?
I'm curious about his basis for the statement at the end of the quoted passage:
"Desegregating high power and experimental rocketry, without a wide enough
separation between the two, will most likely result in the same reaction
from ATF and CPSC."
(The "reaction" he mentions was ATF's objection to Aerotech's "easy access"
product promotion, which, he says, "they viewed ... as an end-run around
federal regulation".)
So he's indicating that the "separation between HPR and EX" is supposed to
satisfy some sort of "federal regulation", and doing without it would be
seen as an attempt at an "end run"?
What regulation would that be?
-dave w
I think AT erred on product promotion by calling it "easy access". No
doubt the ATF took that as an affront to their mission of controlling
access to HPR motors. If AT had called the same product the "safety
motor" system, the ATF may have been slower to object to it. It would
be harder for the ATF to propose rules against "safety motors". That
said, the "promotion" of a product, aside from issues of false
advertising or miss use, should not factor into its regulation, and
controlling access to HPR motors should not even be a mission of the
BATFE.
Alan
Insisting vendors and users LOG so-called "restricted access" motors to
an ATF log made the last nail in the coffin quite official indeed.
NOBODY can deny that.
Jerry
Yeah, it would have given BATF a nice political motive to _not_ regulate!
(I notice that AT is playing this card with the 24mm Econojets
in recent ads: "more impulse than an Estes E9 - and so little
propellant that it can safely be sent by mail, too!")
-dave w
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