They're not 'waiving portions' of the NAR Safety Code. As I've said, I would view the motion that was passed as providing a 'special' certification for those motors, under prescribed conditions. Further, you're mistaken -- the NARBOT are the ONLY individuals who have the authority to do ANYTHING in regard to the NAR Model Rocket Safety Code
-- who else DOES? If they choose to say that "the NAR Model Rocketry Safety Code applies in all circumstances unless supervised by the NAR President", as PART of the Safety Code, then guess what? IT'S VALID!
It may not be 'smart', it may not be 'right', but it IS LEGAL! It would then be up to other authorities to state that they no longer REFER TO or ACCEPT the NAR Model Rocket Safety Code as valid. The NAR BOT must ALWAYS walk a thin line whenever changing the code, in that they must not make changes that would cause the AHJ to no longer ACCEPT the code. In this case, they decided (unanimously, by the way) that this was an acceptable change to the motor certification rules.
Okay, let's look at those regulations...
How do you know? If they were certified by FAI, is this not a competent authority? Note that it does not say anything about it being a US authority, or even one that has specific regulations, it simply says "competent authority". If the FAI is an internationally recognized source, there's not an attorney in the world that would want to argue that they are NOT a competent authority. Note that there are other ways around this, for example if DOT has in any way, shape, or form recognized FAI as an 'approved' testing agency, this would ALSO provide the mechanism.
So, we continue...
As outlined above, you have NOT demonstrated that these motors weren't tested by a 'competent authority', and the NAR certification is whatever the NAR decides that it is. Bear in mind that the whole POINT of having a Board of Trustees who vote on these things is that there is some semblance of responsibility for the decision making process, and that is what the AHJs are looking for. Unless proven otherwise, they would and should assume that the NAR has looked over the information and made a correct decision. Your simply saying that it's wrong doesn't make it so, but their saying that it's right (conversely) DOES make it so. Again, THEY ARE THE ONES WHO HAVE THE AUTHORITY TO MAKE THIS DISTINCTION!
Terry: I think I have conclusively shown that this NARBOT policy decision MAY not be (and probably isn't) in direct conflict with the existing NAR Model Rocket Code (especially since the existing NAR Model Rocket code would now, technically, include this motion).
And, as I've outlined above, they haven't.
BTW, thank you for keeping the tone and tenor of this conversation on a factual basis. I think what is obvious here is that we have disagreements that are based on opinions and interpretations -- but because NAR is the AHJ for some of this stuff, that really pretty much answers the question, doesn't it?
David Erbas-White