Below is the text of a letter sent by Sen. Michael Enzi to Attorney General John Ashcroft regarding the BATFE's "Views Letter".
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Oct. 16, 2003
Honorable John Ashcroft Attorney General Department of Justice Attorney General of the United States
950 Pennsylvania Avenue, NW Washington, D.C. 20530
Dear John:
Thank you for the letter to Senator Hatch, sent by your Assistant Attorney General William Moschella, commenting on S. 724. I appreciate having the Department of Justice's comments on the legislation I have introduced to provide exemptions for model rocket enthusiasts who purchase certain amounts of ammonium perchlorate composite propellent (APCP) to use in pursuit of their hobby. Model rocketry is enjoyed by thousands of Americans each year, and I am committed to passing legislation that will allow them to continue this enjoyable, safe, and educational activity. Model rocketry encourages students to study math and science, and it is a valuable tool for those who may be interested in the space program. Despite all of the benefits of model rocketry, the hobby and the small businesses it supports are still in danger of being wiped out by regulations.
As you may know, S. 724 was revised in the Judiciary Committee to address the concerns of committee members. My revised bill allows model rocketeers to purchase and transport .9 lbs of APCP without obtaining a permit from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). I believe that the new provisions of this bill alleviate any concerns those members may have had, and I am hopeful that this bill will be passed by the full Senate soon.
Because the legislation is still pending, I am continuing to research the topic. I have compiled a list of questions below I hope you will answer for me. They are as follows:
Please provide any studies or analysis, or results of experiments, tests or demonstrations, performed by ATF or any other U.S. government agencies demonstrating or determining that APCP, when configured as solid rocket fuel, is explosive or detonable or "functions by explosion."
Does the ATF consult with other government organizations about APCP safety, hazards or regulation? If so, which agencies, and in what context?
Regarding the Department of Justice's letter of June 10, 2003 to Sen. Hatch, please explain in detail:
Any known incident in which APCP configured as solid rocket propellant has been used to build or detonate successfully an "improvised bomb";
How many of the 258 "explosive incidents" cited by DOJ as involving "hobby rocket motors, igniters and other rocketry-related explosive components" involved black powder rocket motors? Further explain how such motors were used or attempted to be used and the results achieved.
Which, if any, of the 258 "explosive incidents" cited by DOJ as involving "hobby rocket motors, igniters and other rocketry-related explosive components" involved APCP propellant and/or hobby rocket motors using APCP. Further explain, if any examples exist, how such APCP propellant was used or attempted to be used and the results achieved.
What is the scientific and/or technical basis for ATF's assertion that hobby rocket motors "could potentially be adaptable by terrorists for use in surface-to-air missiles capable of intercepting commercial and military planes at cruise altitude and for use in "light anti-tank" weapons capable of hitting targets from a range of nearly five miles." Please provide any documentation on which such concerns are based, as well information on all known examples of such activity.
Additionally, how many Low Explosives User Permits (LEUP) has the ATF processed in the past three years and what is the average time to complete the permitting process, beginning from date of receipt of an application by the ATF?
What is the ATF doing to ensure the availability and prompt processing of LEUP applications?
With regard to the rulemaking establishing a 62.5 gram weight limit for purchases of APCP rocket motors without an LEUP or limited LEUP, how many comments has the ATF received on this proposed rulemaking to date, and what percentage are opposed to the proposed rulemaking?
The answers to these questions are important to me, and I thank you in advance for your prompt response to them. If you have any questions regarding this letter or my requests, please feel free to contact me or have your staff contact my staff at (202) 224-3424.
Sincerely, Michael B. Enzi United States Senator
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