Letter to BATF Seeks clarifications

Below is the text of a letter sent to a representative of the Bureau of Alcohol, Tobacco and Firearms (BATF), requesting clarification of two important items concerning NAR member use of high power rocket motors. The NAR's representative to the NFPA Committee on Pyrotechnics, Pat Miller, sent this letter at the request of the NAR's Board of Trustees. When we receive a response, I will inform NAR members through this page and the Model Rocketeer newsletter.

Again, I urge all HPR qualified NAR members who need to do so to obtain a Low Explosive Users Permit (LEUP), and comply fully with state and local laws concerning the use of these materials.

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Text of NAR Letter to BATF

May 12, 1997

J. Patrick Miller, Dean
Science & Mathematics
Brookhaven College
3939 Valley View Lane
Farmers Branch, TX 75244

Larry J. McCune
Bureau of Alcohol, Tobacco, & Firearms
Explosives Technology Branch
Washington, D.C.

Dear Mr. McCune:

I am writing on behalf of the National Association of Rocketry (NAR), which I represent before the National Fire Protection Association (NFPA; Quincy, MA). The NAR is a service organization for consumers of model rocket and high power rocket products. It has 4,500 members and 60 affiliated clubs. In turn, it is an affiliate of the International Astronautical Federation (IAF; Paris). The NAR has also been an affiliate of the Federation Aeronautique International (FAI; Paris) where it has hosted and participated in international model rocket flight competitions.

Since 1967 the NAR has actively participated in the NFPA code writing process as a member of the Committee on Pyrotechnics. In fact, the NAR chaired the Committee for twenty years from 1974 until 1994.

The NAR has played a pivotal role in the writing a model rocket codes and regulations now adopted nationwide. Over the past 40 years the NAR has worked closely with the Department of Transportation, Consumer Product Safety Commission, Federal Aviation Administration, and the Bureau of Alcohol, Tobacco, & Firearms. In this work, federal regulations have been written which encompass the model rocket hobby enjoyed by children and adults alike.

More recently the NAR in concert with its sister organization the Tripoli Rocketry Association (TRA; Orem, UT) has worked with these same federal agencies to establish codes and regulations to encompass the growing high power rocket sport. The high power rocket sport is not a child's activity. It is a more carefully controlled sport engaged in by qualified adults who are tested in advance by either of the two organizations.

High power rocketry is also different in that some of the products are regulated as low explosives. Being regulated, the possession and storage of these products require a low explosives user permit from the ATF. The NAR requires its members to have such a permit before they may use these regulated materials on its flight ranges. Also, before the NAR qualifies an adult as a high power rocket flyer it tests this person's knowledge of the federal regulations and the NAR safety procedures for the use of these products.

At the April 1995 meeting of the NFPA Committee on Pyrotechnics (Huntsville, AL) and again at the December 1996 meeting (Dallas, TX) the NAR participated in discussions with representatives from the ATF. These discussions were part of the NFPA Rocketry Task Force, and their purpose was to clarify industry compliance with the federal regulations as pertains to the ATF (i.e., compliance by the manufacturers and dealers, and compliance by the consumers).

At the April 1995 meeting, the Task Force worked with the ATF representatives to draft changes to NFPA 1127 Code for High Power Rocketry that specify conditions for indoor storage of up to 50 pounds of regulated high power rocket products. These changes also require consumers to possess a low explosives user permit (LEUP) when either possessing or storing these products.

At the April 1995 meeting ATF representatives told the industry that they would provide a letter which consumers in the field could use when applying for an LEUP. The letter was to state that indoor storage of up to 50 pounds was permitted, and outline the conditions for that storage.

The matter was raised again at the December 1996 meeting where ATF representatives indicated that they would provide such a letter. To date no letter has been received, and we are passed the 2-year mark when the letter was originally promised.

Consumers need such a letter in hand when they apply for an LEUP and request indoor storage. This gives the consumers guidance on what is expected of them, and it assists the ATF agents in the field whose job it is to process LEUP applications.

There exists some confusion on the parts of both consumers and ATF agents in the field. There has been one situation when an NAR member was refused an LEUP due to his request for indoor storage. There was another situation when an NAR member was refused an LEUP because he did not request storage (i.e., he was not going to store the products but instead use them only at the site of purchase).

If consumers and ATF agents have clear instructions on the matter of LEUP's and storage, this will resolve these kinds of problems that consumers sometimes face when attempting to comply with the federal regulations. Your assistance in expediting the issuance of the long-promised letter is truly appreciated.

Finally, at the December 1996 meeting ATF representatives indicated that the two consumer service organizations might ought to approach the ATF Director regarding exemptions for high power rocket events at which foreign nationals are invited to participate. The NAR is most interested in pursuing this avenue for foreign nationals (e.g., Canadian members of the NAR).

However, there is a question that comes to mind as regards to NAR members who are U.S. citizens but do not possess an LEUP. If the ATF is amenable to exempting foreign nationals at these specific NAR-hosted events, would all other individuals including U.S. citizens without LEUP's also be exempted at these same events? From the NAR's perspective it would be important to permit all qualified adults at the events to engage in the high power rocket sport.

Mr. McCune, the NAR is proud of its 40-year role in consumer and public safety, and its work with the federal regulatory agencies. The organization remains at the forefront of the industry on these important matters. And with equal vigor, the NAR is actively pursuing member compliance with the federal regulations.

I encourage you to visit the NAR's web page on the Internet at WWW.NAR.ORG. There you will find the LEUP application form posted for the convenience of any interested consumer. Also posted are the instructions for filling out the form. Eventually, the NAR will want to post the ATF letter on the provisions for indoor storage.

Should you have any questions or comments do not hesitate to contact me. I can be reached at the above address or by phone (972) 860-4751. My e-mail address is JPM2460@DCCCD.EDU.

Sincerely yours,

J. Patrick Miller, Chairman
Joint Manufacturers & Association Council
Representative to the NFPA Committee on Pyrotechnics
Chairman, NFPA Rocketry Task Force

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