I know it has been hashed out alot about motors over 62.5 grams. But
hear is my question.
I just had a warrenty claim with Aerotech and they sent me 2-H180's
never asking if i had a permit. which I don't .
But yet to buy the same motor from their Dealer I need a permit in
most cases.
So am I breaking any laws by recieving these motors without a permit ?
Or are the dealers not following the law ?
Where does the paper trail have to start ? With the manufactor or with
the Dealer ?
On the front of the box is a sticker that says Toy Propellant Devices,
and it was sent US mail surface. Took 7 days to get from Ut to Pa
> Or are the dealers not following the law ?
> Where does the paper trail have to start ? With the manufactor or with
> the Dealer ?
I am in the same situation, & I've concluded
God only knows for sure. Ask 10 people and
get 12 opinions.
However, I am fairly certain that the NPRM
making 62.5g the rule is not yet in effect.
But dealers are either covering themselves
by acting as if it is, or have been told
(in error) by the ATFE that they cannot
sell motors >62.5g to anyone without a permit.
Weather or not you need a permit depends on the dealer you're getting the
goods from. Some require permits, some don't. It's a crappy situation that
we have been forced to deal with. I had to have a permit holder get an
H-180 for me, so be happy you have them! (and burn 'em!) :-)
--
Joe Michel
NAR 82797 L1
NOT need. Ask. Say no. If they refuse to legally sell to you file a
complaint with them formally.
Nope. Not any federal laws.
Correct. See above.
Manufacturer. Anytime an item is logged improperly it can and MUST be
logged out. Then it can be sent to you. During the time period this
situation is being corrected there will be alot of logging out of motors
and loads from magazines nationwide.
ATF has one set of rules (LEUP)
DOT has yet another set of rules (Toy Propellant Devices)
USPS has yet another set of rules (mailability)
We have not even begun to discuss state or local yet.
You are fine. Order more.
Jerry
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
what Ed said is correct, the STATUS QUO essentially remains in effect until NPRM968 becomes law, or we lose or win the lawsuit...
My only question is how Aerotech gets away with mailing H180's through the mail......
anybody care to explain that me? go ahead I dare you to.......
shockie B)
Very good, Tim, I see you have been paying attention....
To go into more detail, Aerotech has a letter from the Las Vegas,Nevada Manager of Business Mail entry dated 7/27/93 which allows mailing the following reload kits:
EX-9305148
EX-9305149
EX-9305150
see here:
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/USPS/USPS_Letter7-27-93.pdf
This Aerotech document will clue you in to what those EX numbers apply to:
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/DOT/EX-9305148_9_50-5_27_93.pdf
So thats how Aerotech/Dealers can legally mail Easy Access motors thru the US Mail......
This concludes todays leson on mailing HPR motors...
shockie B)
<< My only question is how Aerotech gets away with mailing H180's through the
mail... >>
I don't recall the details, but they cleared it with the USPS so what's the
problem?
There is always a group or club with an axe to grind willing to "recheck
the credentials" of a supplier for the sole purpose of harassment and
trying to find a nit.
That is an unfortunate fact.
Jerry
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
Jerry, got a question - what was the original deal with the formation and breakup
of "Powertech"? From reading between the lines on RMR these past few years, it
appears that this was some sort of attempt at a partnership between you, Frank K,
and Chuck R - why did it seem like a good idea at the time, and why did it turn
out not to be?
I get the impression that the left-over resentments from that affair,
whatever it was, are fairly close to the root of the grudges and
acrimony that have been poisoning relationships between some of the
major players in the HPR community since some time in the early 90's
(and probably led to some blown opportunities to establish a sounder
relationship with the BATF) - there's got to be some kind of story
there, but one I've never seen clearly related. (It's like "the
elephant in the middle of the room that nobody is talking about"
or something...)
-dave w
I am not actually ready to go into much detail on that.
However in general 8 guys all except me not in the consumer rocket
business at the time of startup. I put in 80% of the money and they
failed to deliver on 70% of promised money and 90% of promised labor.
The precipitating act of breakup was when a couple of them "went into
without authorization or business purpose" two sites and took all of the
rocket assets they wanted (one a Powertech storage facilty and one a
U.S. Rockets facility. None of this was purchased by them, owned by
them except through a partnership which had planned purposes and uses
for the material and at NO time were they ever authorized to take
material off USR property.
Then they went into business for themselves. All withoout notice,
quitting the partnership or folowing any of the agreed to exit
strategies. They ripped off the company and sold the goods with no
permits whatsoever I might add.
So the bottom line after 10 years of litigation was they get $30k and I
get $5.3m and they have to return the stuff.
I'll never see it.
One partner Charles E Rogers was at the heart of the scam to claim I was
in violation of FAA by NEVER filing a waivier, AND alleged I advertised
25,000 foot waivers which is false, and flew a rocket to about 25,000
feet by presenting a 13000 foot estimate to the RSO. The flight was
cool, the FAA was fine, but knowing full well he bragged about flying to
25k at a 15k waiver site he had to do SOMETHING, right?
The something was not just let it be, no. He had to frame me as the
perp.
FAA laughed it off as a hoax seeing my stack of waivers in their desk,
but that did not dissuade Tripoli or Rogers. They removed me for "not
filing FAA waivers ever".
Even at the BOD meeting I went to they were still claiming the same shit
12 years later. I did my time, I wanted to be reinstated as promised
after 3 years or more. Nope Rogers REFUSED to produce the report on
which I was removed despite 30 days notice before the hearing to produce
the document.
It is a sham club run by sham people with sham goals and aspirtations.
And they achieve them.
Me too. The behind the scenes shenanigans definitely involve actual
crimes and felonies so I try to not post evidence of that by those folks.
Proof my own grudge has limits.
Jerry
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
I never said there was a problem....I was just curious to see if anybody knew how they were legally able to ship easy access motors via the usps... and Tim knew...
shockie B)
The main reason I brought this up was because I wanted everybody to see the significance of what the current definition of "Toy Propellant Device(s) " mean to Rocketry..
Anybody remember NPRM968 ? Well there was a section of NPRM 968 that effectively "gutted" the original definition of Toy Propellant Device......the definition that model rocket and easy access motors have been designated, so that they can be mailed......
See, it all becomes clear now, gutting the definition of Toy Propellant device by the BATFE in NPRM968 is an effort by the BATFE to close off all potential loopholes that we might use to define what a rocket engine is.....
Does anybody see the significance of Aerotech getting the USPS to designate Easy Access Motors as Toy Propellant devices?
The significance is that if an HIJ Easy Access motor can be defined as a Toy Propellant Device, then same size or larger motors may also be able to be defined a such as long as the Propellant slugs are no larger than 62.5g....Now do you see how important this definition is? and why the BATFE wants to redefine it ..
And it also points out why in an earlier post I recommended that the NAR/TRA through the NFPA process define model rocket motors as 113 or 125 gr.... and then redefine HPR motors to be motors above this 113/125 g limit....then we could create 113/125 g propellant slugs for motors and they would still be able to be classified as Toy Propellant devices....
shockie B)
shockwaveriderz wrote:
> The main reason I brought this up was because I wanted everybody to
> see the significance of what the current definition of "Toy
> Propellant Device(s) " mean to Rocketry..
>
> Anybody remember NPRM968 ? Well there was a section of NPRM 968 that
> effectively "gutted" the original definition of Toy Propellant
> Device......the definition that model rocket and easy access motors
> have been designated, so that they can be mailed...... See, it all
> becomes clear now, gutting the definition of Toy Propellant device by
> the BATFE in NPRM968 is an effort by the BATFE to close off all
> potential loopholes that we might use to define what a rocket engine
> is.....
>
> Does anybody see the significance of Aerotech getting the USPS to
> designate Easy Access Motors as Toy Propellant devices? The
> significance is that if an HIJ Easy Access motor can be defined as a
> Toy Propellant Device, then same size or larger motors may also be
> able to be defined a such as long as the Propellant slugs are no
> larger than 62.5g....Now do you see how important this definition is?
> and why the BATFE wants to redefine it ..
>
Actually, the USPS is allowing Aerotech to ship rocket motors that are
classified as NA0323 (UN 1.4S) by the DOT. It just so happens that some
of the Aerotech reloads have been classified as NA0323 by the DOT. 29mm
and under. No 38mm reloads make the cut.
The old DOT "toy propellant device" classification also included motors
in the 30 to 62.5 gram range. These are now 1.4C and are not shippable
by USPS under any circumstances.
Now the interesting thing is that it would appear that HPR reloads do
not meet the additional requirements (basically the NFPA/CPSC definition
of a model rocket motor). How Aerotech managed to sweet talk the USPS
into allowing the reloads to be shipped I have no idea.
> And it also points out why in an earlier post I recommended that the
> NAR/TRA through the NFPA process define model rocket motors as 113 or
> 125 gr.... and then redefine HPR motors to be motors above this
> 113/125 g limit....then we could create 113/125 g propellant slugs
> for motors and they would still be able to be classified as Toy
> Propellant devices....
>
>
> shockie B)
>
--
David W. Schultz
http://home.earthlink.net/~david.schultz
david:
actually the USPS is allowing Aerotech to ship UN351 UN 1.4C see :
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/DOT/EX-9305148_9_50-5_27_93.pdf
shockie B)
I think you may be mistaken here david.....
see this:
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/USPS/USPS_Letter7-27-93.pdf
The document you reference is a DOT classification document. How does it
say that these items can be shipped via USPS?
It doesn't.
But another document does reference these EX numbers. It has the problem
of being quite old plus not exactly letting 1.4C be shipped.
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/USPS/USPS_Letter7-27-93.pdf
This letter (dated 1993) allows the shipment of reload kits (not
specified) with certain EX numbers. Until recently these EX numbers also
covered the reload kits with 30 gram and under propellant grains. Why
did Aerotech decide to get new EX numbers for "HPR Lite"? The only
good reason is for USPS shipping purposes.
The 1993 USPS letter states: "Postal regulations generally permit the
mailing of hazardous materials that fall within the smallest quantity
grouping regulated by (DOT)."
The USPS letter then quotes what is basically the definition of a model
rocket motor. Do not be fooled by the mention of 62.5 grams here. The
controlling limit is the requirement (read USPS publication 52) that the
motor MUST be UN 1.4S AND NA0323 (model rocket motor) or UN0454
(igniters). It would appear that Pub. 52 has been updated since 1993 to
make its language more clear than "smallest quantity grouping".
See the USPS letter to Aerotech on Aerotech's application to ship
"Redline" propellants and other more recent USPS letters.
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/USPS/usps_red_appr_6-19-01.pdf
"The other two Aerotech redline products (EX-0104078 and EX-0103055)
that contain more than 30 grams of propellant material may NOT be placed
in the mail under any circumstances."
Seems pretty clear to me.
The 1993 USPS letter seems to have been superseded by other letters from
the USPS and should probably be removed or be clearly marked as being
for historical purposes only.
shockwaveriderz wrote:
> david:
> actually the USPS is allowing Aerotech to ship UN351 UN 1.4C see :
>
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/DOT/EX-9305148_9_50-5_27_93.pdf
>
> shockie B)
>
--
David W. Schultz
http://home.earthlink.net/~david.schultz
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