SOUTHERN COLORADO ROCKETEERS

April 3, 2003 - Senator Murkowski from Alaska was added to the list of cosponsors for the rocketry exemption bill, S724. Her name was added to the list on April 2nd. The bill now has eight cosponsors.

The status of the bill is now on-line. You can click on the link below to see its status in the Senate and House of Representatives.

March 30, 2003 - The next step for Senate Bill S724 will be the Judiciary Committee in the Senate. It is hoped that the bill will quickly get through the committee and be called onto the floor of the Senate for a vote by the Senator Hatch, Chairman of the Judiciary.

Republican Members

• Orrin G. Hatch, CHAIRMAN, UTAH
• Charles E. Grassley, IOWA
• Arlen Specter, PENNSYLVANIA
• Jon Kyl, ARIZONA
• Mike DeWine, OHIO
• Jeff Sessions, ALABAMA
• Lindsey Graham, SOUTH CAROLINA
• Larry Craig, IDAHO
• Saxby Chambliss, GEORGIA
• John Cornyn, TEXAS

Democratic Members

• Patrick J. Leahy, RANKING DEMOCRATIC MEMBER, VERMONT
• Edward M. Kennedy, MASSACHUSETTS
• Joseph R. Biden, Jr., DELAWARE
• Herbert Kohl, WISCONSIN
• Dianne Feinstein, CALIFORNIA
• Russell D. Feingold, WISCONSIN
• Charles E. Schumer, NEW YORK
• Richard J. Durbin, ILLINOIS
• John Edwards, NORTH CAROLINA

March 18, 2003 - Gail Davis, chief of the ATF's public safety branch in Washington, D.C. stated in an article on the Space.Com web site (Click here for story by Space.com) that hobbyists can simply apply for a "Limited" permit that requires a background check, a $25 fee and get finger printed to buy rocket motors using over 62.5 grams of propellant. "There's a process for that and it's not an impossible process," Davis said. While it may be possible for some, it is an impossible process for many and will force them out of the hobby. Second, even if consumers get a "Limited" permit, it is so limited that for most consumers it is useless.

All ATFE permits require the applicant provide storage for explosive materials. This can be an explosive storage facility on the applicants premises or a storage facility belonging to someone else, provided the applicant can prove they can use the other person's explosive storage facility. It has been proven through many tests that ammonium perchlorate composite propellant is not an explosive, but since the ATFE permit is to buy and use explosives, the ATFE requires permit holders to be able to store explosives. It is reasonable to assume that consumers living in apartments, condominiums and houses in residential areas are going to have difficulty providing their own explosive storage facilities. Their only alternative is to find someone willing to give them permission to store explosives. Most people would agree that this would not be simple or easy. In fact, it would be highly unlikely for someone to find another individual or company willing to let a stranger have access to their storage facility.

For those lucky enough to provide some means of storing explosives, pass the background check and are given an ATFE "Limited" permit, they face a second hard reality. The "Limited" permit only allows the holder to buy from dealers and manufacturers in their state of residence. Most states do not have manufacturers or dealers selling consumer rocket motors with over 62.5 grams of propellant. So even after going through the entire ATFE permit process, the hobbyist cannot find anyone to buy from in their state. For them, the "Limited" permit is useless.

Updated March 18, 2003 - The shipment of consumer rocket motors under 62.5 grams is severely restricted by the Homeland Security Act since United Parcel Service (UPS) is rejecting these motors. Recently, a hobby shop tried to ship two boxes of "F" and "G" motors (all under 62.5 grams) to high school students preparing to launch their "Team America" entries. UPS returned all boxes as prohibited items due to restrictions placed on UPS by the Safe Explosives Act contained in the Homeland Security Act.

One of these boxes was marked with UN1325, which ships under the non-explosive category of Flammable Solid. UPS revealed that they are rejecting UN1325 items that are reclassified from Explosive to Flammable Solid under DOT Exemption E-7887. DOT Exemptions lack the legal authority to exempt Explosives from the provisions of Safe Explosives Act. Only the ATFE or Congress can provide Safe Explosive Act exemptions.

The restrictions imposed by UPS and others is the result of the requirement by the ATFE that shipping companies ensure their employees who handle explosive materials are not prohibited persons under the Safe Explosives Act. In large companies like UPS, there are individuals who fall into the prohibited persons category that would come into contact with shipments considered explosive by the ATFE. Shipping companies simply do not want to risk potential fines and criminal prosecution that would result if prohibited personnel came into contact with explosive cargos. A UPS manager stated that they are only accepting explosives that are exempt under Section 845 (a). Consumer rocket engines are not exempt in Section 845 regardless of the weight of propellant.

UPS dropped all explosive cargos except those exempted in Section 845 (a) of the Safe Explosive Act. On February 23rd, they published a list of UN numbers they would accept based on those exemptions. They are UN0012, UN0014, UN0044, UN0055, UN0174, UN0276, UN0323, UN0338, UN0339, UN0379, UN0432 and UN0446. Virtually all consumer rocket motors fall into a category of UN0454, UN0351, NA0276, NA0323 or UN1325.

Estes Industries has issued repeated press releases stating that they are not having any problems shipping motors to customers. The reason is that Estes Industries ships their rocket motors via commercial truck to distribution centers where it goes by commercial truck to various hobby stores around the country. At the moment, commercial trucking firms are still shipping explosives rejected by UPS. However, several trucking firms are considering the discontinuation of these shipments. As for other consumer rocket motor companies and hobby shops, their motors have UN numbers that are still not accepted by UPS. That leaves them with either the US Postal Service (USPS) or Federal Express to get their product to consumers.

While the USPS is exempt from the Safe Explosives Act, it will only accept consumer rocket motors with 30 grams of propellant or less for domestic mail via surface transportation only. This puts the upper limit of motors that can be shipped via the USPS to "F" and low end "E". Before rocket motors can be mailed prior written permission must be obtained from the Manager, Business Mail Acceptance, USPS Headquarters, Washington, DC . For other consumer rocket motors, manufacturers and hobby stores are left with Federal Express. The DOT approved an emergency exemption that permits these companies to ship their motors via air cargo. Unfortunately, consumers are faced with $60 hazmat fees plus overnight air charges to buy these consumer rocket motors. One hobby shop employee related how customers are surprised to learn that a rocket motor (under 62.5 grams) costing $17.95 has a shipping cost around $80. Small business hobby shops and motor manufacturers are facing financial ruin as they lack any economically viable way to ship their product due to the Safe Explosives Act.