Rocketry Planet

PAULLINA, Iowa USA — So you thought all along that experimental and amateur rocketry endeavors were safe from the ever-outstretching arms of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), right?  Think again.  An amateur rocketeer in Paullina, Iowa has found out otherwise.

Scott Fintel, a champion of potassium nitrate rocket motors, more commonly known as "sugar" propellant, has found out that the experimental formulation is considered within the scope of explosive mixtures the ATF has included in their "List of Explosive Materials," a list mandated by Congress that the director of the ATF must publish and revise at least once per year.

Fintel has maintained a well documented web site in addition to an online discussion forum for the purposes of sharing his success and failures experimenting with the potassium nitrate formulation.  Like ammonium perchlorate composite propellant (APCP), potassium nitrate composite propellant is a fast burning solid but not generally considered by users to be an explosive.

In 2002, the ATF amended its "List of Explosive Materials" to include potassium nitrate explosive mixtures, by publishing the updated list in the Federal Register (link).  Within the filing lies the phrase, "In the 2002 List of Explosive Materials, ATF has added five terms to the list of explosives," with item number three being "Nitrate explosive mixtures." 

The filing went on to read, "We have added these explosive materials to the List because their primary purpose is to function by explosion."  And further down, "'Nitrate explosive mixtures' is meant to be an all-encompassing term, including all forms of sodium, potassium, barium, calcium, and strontium nitrate explosive mixtures."

Once again, the language that the materials that are on the list primarily function by exploding, when APCP's primary purpose is not to function by exploding.  The interesting aside here is that APCP is specifically listed in addition to "ammonium perchlorate explosive mixtures", yet potassium nitrate composite propellant is not on the list.  So one would think that potassium nitrate composite propellant is not an explosive, right?

Wrong.

Apparently Fintel's experiments have caught the ATF's attention.  In a telephone conversation with his local agent at the end of November, Fintel was informed that he needed an explosives permit in order to continue his experiments with sugar motors.  Somewhat in disbelief, Fintel contacted his regional office to verify the position of the local agent.

The regional office held that potassium nitrate composite propellant was to be treated the same as if the rocketeer were using APCP, that any composition using potassium nitrate and a fuel was an explosive.  Citing the ATF's own Orange Book, Fintel explained that potassium nitrate composite propellant was most certainly not an explosive.

So the matter was forwarded to another ATF office for an official determination of whether potassium nitrate "sugar" propellants are considered explosive materials.  And?  The other office concurred, sugar propellants are explosives and require a federal explosives permit. The response?

Mr. Scott Fintel,

The information that I received in response to your formula is that the mixture is an explosive.

If you log onto ATF's website you'll find this question addressed on 8/9/04. Log onto www.atf.gov - Arson & Explosives (Tab at top) - Safe Explosives Act (Scroll down on right side) - FAQ Hobby Rocket Motors (8/9/04) - Question # 8.

To receive an official response on agency letterhead, please submit a written inquiry to:

Explosives Industry Programs Branch
650 Massachusetts Avenue, NW.
Washington, DC 20226
Phone: 202-927-2310
Fax: 202-927-8887

Thanks,

Richard E. Lake
Industry Operations Investigator
Bureau of Alcohol, Tobacco, Firearms & Explosives
2707 N. 108th Street, Suite 202
Omaha, NE 68164
(402) 952-2635 Main
(402) 952-2638 Direct
(402) 952-2606 Fax

Not because potassium nitrate composite propellant is on the List of Explosive Materials.  It isn't.  Because ATF says so.  Nothing more.  Apparently any oxidizer combined with a fuel is considered an explosive.  The List of Explosive Materials published in the Federal Register states, "While the list is comprehensive, it is not all inclusive.  The fact that an explosive material is not on the list does not mean that it is not within the coverage of the law."

So where does this leave Fintel and the thousands of other amateur and experimental rocketeers?  For Fintel, the answer is to get a federal explosives permit and continue on.  For the rest of the community, that might not be such an easy answer.  While the fact remains that as an amateur or experimental rocketry hobbyist, you can legally mix your own "O" class (or any size, for that matter) motor right in your own back yard, and even assemble and test fire said motor, you still can't transport it off your property to an appropriate launch site without a federal explosives permit.  And that is the heart of the matter.

Sugar propellants are not on the ATF list of explosives, but potassium nitrate explosive mixtures are, and according to the ATF, any fuel mixed with potassium nitrate constitutes an explosive mixture. The real question then becomes: how do you challenge the ATF's claim?  Fintel's position is that with badges, steep fines and/or jail cells to back up them up, what citizen is going to go up against ATF?  No matter what mixture of oxidizer and fuel you come up with, if the ATF says that it's an explosive mixture, then it is within their jurisdiction to oversee your actions.  And without a permit, those actions can become criminal offenses.

Federal Register filing 04/26/2002: http://www.ttb.treas.gov/regulations_laws/notice_943.pdf
Q&A about Hobby Rocket Motors: http://www.atf.gov/explarson/0504rocketryqa.pdf