This message will report on the BATFE?s Notice of Proposed Rule Making
(NPRM) on the definition of propellant actuated devices (PADS)and our
October 17 hearing in US District Court.
Notice of Proposed Rulemaking
On August 11, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(BATFE) published in the Federal Register a proposed rule to state that
hobby rocket motors are not propellant actuated devices (PADS). If
accepted as a final rule after public notice and comment, HPR rocket
motors would be subject to all applicable licensing and controls under
Federal explosives law, the legally promulgated regulations, and ATF
You can download the full text of the proposed rule, including
information telling you where to file your comments at
IT IS CRITICALLY IMPORTANT, BOTH FOR THIS PROPOSED RULE, AND FOR OUR
ONGOING LITIGATION EFFORT THAT ALL MEMBERS COMMENT OPPOSING THIS NPRM.
We have reviewed the NPRM with counsel and offer the following
suggestions for making responses:
1. Airbag manufacturers have been treated differently re: a PADS
determination. In their June 1997, the ATF states that airbag
manufacturers must have an explosive manufacturing license, yet state in
the NPRM that airbags are PADS.
2. There are no clear technical standards for previous PADS
classifications listed in the NPRM.
3. Congress did not specify that mechanism, metal work or inclusion in,
exclusion from or stand alone was a requirement for PADS.
4. ATF has not established a clear process for application, review,
adjudication and appeal for parties seeking a PADS definition for their
5. Rocket motors, as used in practice, have parallel operation similar
to other devices, listed by BATFE as PADS. Other devices function as
part of a larger whole, and rely on other interacting components, just
as rocket motors do.
6. ATF has previously exempted equivalent rocket motors used in aircraft
safety systems from regulation. Details on these systems can be found
7. The proposed regulation will have impacts per the Small Business
Regulatory Enforcement Fairness Act of 1996, adversely affecting United
States-based companies? ability to compete abroad.
Public comments are due not later than November 9, 2006, and must be
delivered in writing to:
James P. Ficaretta, Program Manager
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 50221
Washington, DC 20091-0221
ATTN: ATF 9P.
Written comments must include your mailing address and be signed, and
may be of any length.
We invite members to provide us with additional suggestions, ideas and
approaches, along with references to any other written material they may
discover in researching their response to the NPRM. As we compile those
suggestions, we?ll issue an additional message to members outlining
these additional approaches.
October 17, 2006 Court Hearing
This hearing is one in a series of status conferences before the US
District Court. As its stated purpose is for BATFE to report on
progress it has made regarding its testing of APCP and reporting of
those tests, counsel does not expect the Court to issue any rulings or
orders based on this hearing. The most likely outcome from the hearing
is for the Court to schedule both parties to submit cross motions for
summary judgment on the issue of whether or not APCP functions by
explosion. We would caution members against further speculation about
the possible outcomes from this hearing, and will report on the hearing
within a week of its conclusion.
We appreciate your strong financial support for this important legal
work. As we head into this critical October hearing, with our case still
pending and hanging in the balance, we hope you will continue to
consider donating in whatever amount you can to the Legal Defense Fund.
Your support and generosity will be recognized and acknowledged, and
you'll be able to say "I supported the fight for an unregulated sport
When we have further developments, we'll continue to report them here
and in our publications.
Mark Bundick, President
National Association of Rocketry
Ken Good, President
Tripoli Rocketry Association
- posted 15 years ago