Rocketry Planet

LAKE JACKSON, Texas USA — When is an igniter not an igniter? That is the question that David Bachelder of QuickBurst has been trying to get answered for some time now, and depending on just who you ask, the question may just confuse you as much as it did him.

Bachelder has been on a wondrous regulatory adventure that started back in September of 2006 with a visit from agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, instigated when he received a phone call from an agent wanting to set up an appointment for a visit that very same day. Bachelder explained that he worked a full-time job and getting away on such short notice wasn't easily accomplished. The agent reluctantly agreed to a meeting at 9:00AM on Thursday, September 14th.

Bachelder held a Low Explosives Dealers Permit (LEDP) and assumed the appointment was for his annual inspection, since he had never been inspected in the three years he had held the permit. As it turned out, the inspection was for a different reason all together. Bachelder sells hobby rocketry igniters from his QuickBurst web site in addition to other hobby rocketry supplies — primarily recovery supplies, which included deployment bags, recovery harnesses, electronic launch controls as well as other construction components.

QuickBurst's igniters are electronic firing mechanisms similar to other two-wire igniters used throughout the hobby. They feature augmentation by various pyrogen mixtures that enhance their capability to light hard-to-start combinations in the field, ranging from low-current igniters for black powder motors to various sizes of enhanced igniters to light the variety of ammonium perchlorate composite propellants (APCP) found in various sizes and classes of high power rocketry applications.

Why was Bachelder singled out when Estes, Centuri and others have been selling igniters for years? According to documentation presented during the NAR/TRA vs. BATFE lawsuit, the number one igniter of choice for home-made improvised explosive devices (IED) has been the Estes igniters. During the initial investigation, Bachelder presented the ATFE investigator with a brand new package of Estes C6-0 rocket engines, on which the word "igniter" is written plainly on the front of the package. When asked if the wording indicated the presence of an "igniter" or not, the investigator said the wording does say 'igniter', "but that is not what it is," the agent said.

Bachelder pressed the agent why then was it called an "igniter" if it was not an igniter, to which the agent simply replied, "they do not function as an igniter." Since its inception, the sole purpose of an Estes igniter has been to ignite the Estes model rocket engine, but apparently not if you are from the ATFE. Ultimately, the investigator refused to discuss it any further.

Bachelder ultimately prevailed in his situation, after apply for and receiving a Low Explosives Manufacturers Permit (LEMP), because he was 'manufacturing' a low explosive, the ubiquitous igniter, instead of merely selling them. Following that, he applied for and received shipping exemptions from the U.S. Department of Transportation to be able to ship his igniters via FedEx Ground, receiving the exemption earlier this year. That was followed up in February of this year with a hazardous material exemption being issued by the U.S. Postal Service for his igniter products, spelling the end to HazMat fees. But, despite all this good news, the bad news is his customers still must have a federal explosives permit to purchase his igniters.

Why is it that Bachelder's customers must have a federal explosives permit to purchase his igniters, but you can buy as many Estes igniters as you want with no permit. Why is it Bachelder's customers must have a federal explosives permit to purchase his igniters, but all of the single-use motors and hobby reloads with less than 62.5 grams of propellant come with an igniter that requires no permit? You can purchase as many of these igniters as you like yet you do not have to have a permit. Why? What are igniters?

No one knows.

ATFE has been repeatedly quizzed on what is the definition of an igniter, and to date, they have evaded the answer. They can tell you what is not an igniter, but they can't tell you what an igniter is, nor can they give you the definition of an igniter. If this sounds familiar, it should. ATFE also can not tell you how it defines if ammonium perchlorate composite propellant is burning, deflagrating or exploding.

The U.S. District Court of Appeals found in Tripoli Rocketry Association, Inc. and National Association of Rocketry v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, 437 F.3d 75 (D.C. Cir. 2006):

"The problem in this case is that ATFE's explanation for its determination that APCP deflagrates lacks any coherence. We therefore owe no deference to ATFE's purported expertise because we cannot discern it. ATFE has neither laid out a concrete standard for classifying materials along the burn-deflagrate-detonate continuum, nor offered data specific to the burn speed of APCP when used for its common or primary purpose. On this record, the agency's decision cannot withstand judicial review."

The appellate court judges couldn't determine how ATFE decided that APCP deflagrated, and chose not to go along with ATFE's position of "because we said so." That landmark case was pushed back into Judge Reggie B. Walton's courtroom for ATFE to display the science behind their position, the appellate judges choosing not to defer to ATFE's "purported expertise."

But that position still works for the Bureau elsewhere, as they are still successfully using it, such as in this situation where they still can't tell us what the definition of an igniter is. Even Bachelder's campaign of writing to the ATFE's Washington, D.C. offices didn't produce any cognizant results. After seven months of waiting, the ATFE's answer still doesn't answer the question — it simply says you must have an explosives permit to purchase igniters.

"It's not the answer I wanted but is an answer and it is in writing," Bachelder said. "I do have the right to appeal, I also have the right to a hearing."
 
But the question remains: why is it that all manufacturers of igniters are not held to the same law? Why are igniters sold with motors or reload kits unregulated and igniters sold individually regulated? And, the $64,000 question: what exactly is an igniter? Only the ATFE knows for sure, and they aren't telling.

To prove his point back in 2006, Bachelder's ATFE inspector picked up a tooth pick and said, "I can call this a sword, but it doesn't make it a sword".
 
"I'm supposing Estes does not know what they are selling," Bachelder said, smiling.

Documents: ATFE's Letter from Explosives Industry Chief (1,405Kb Adobe PDF)

Website: http://www.quickburst.net/

Reader comments:

#1 Re: What exactly is an igniter? Don’t ask the ATFE

The downside to this story is that this could backfire and remove all igniters from anyone who isn't a permit holder. Doubtful but possible... poster children?

I have purchased Aerotech First Fire Jr.'s at my local hobby shop. They have never required a LEUP (in fact I doubt they know what one is). Where is the line in the sand?

What we need is a lawyer out reach program. Think about it. They have money and like power - get 'em all hooked on APCP and you might have enough free lawyer'ing to do something about this.

UncleVanya on 04-03-2008 11:11 PM

#2 Re: What exactly is an igniter? Don’t ask the ATFE

I have been a big fan of David and his igniters for years. It's a shame that my limited supply is dwindling along with my prior to 62.5 gram "Easy Access" loophole motors. We need a verdict soon or I'm going to have to get a LEUP.

Bayourat on 04-03-2008 11:15 PM

#3 Re: What exactly is an igniter? Don’t ask the ATFE

First Fire Jr.? Thats a replacement part for an exempt motor. Same with igniters sold separately by Estes and Apogee. If it is a replacement part for an exempt motor they don't have to define it and justify it. But if you don't sell exempt motors you can't be selling replacement parts and so they must be igniters and igniters are regulated items.

No one said it had to make sense.

-Aaron

heada on 04-03-2008 11:21 PM

#4 Re: What exactly is an igniter? Don’t ask the ATFE

But couldn't they be aftermarket replacement parts?

SecretSquirrel on 04-03-2008 11:28 PM

#5 Re: What exactly is an igniter? Don’t ask the ATFE

You mean you buy non-manufacturer parts for you car? Sacrilege!

ddmobley on 04-03-2008 11:30 PM

#6 Re: What exactly is an igniter? Don’t ask the ATFE

Quote:

You mean you buy non-manufacturer parts for you car? Sacrilege!

Dude, one of my cars is 46 years old, I buy what I can where I can

SecretSquirrel on 04-03-2008 11:34 PM

#7 Re: What exactly is an igniter? Don’t ask the ATFE

I understand. Now you have to teach the aftermarket rocketry companies how to manufacturer replacement parts, IF that is truly the loophole through which all the motor manufacturers are able to sell unregulated igniters.

(Nice ride. 326?)

ddmobley on 04-03-2008 11:43 PM

#8 Re: What exactly is an igniter? Don’t ask the ATFE

Quote:

(Nice ride. 326?)

389, now if I can just get it to quit vapor locking

SecretSquirrel on 04-03-2008 11:45 PM

#9 Re: What exactly is an igniter? Don’t ask the ATFE

Try Using Two Or Three cloths Pins On The Fuel Line.

mrocketry on 04-04-2008 01:36 AM

#10 Re: What exactly is an igniter? Don’t ask the ATFE

Is it just me or did anyone else find the guy's name from the ATFE on the letter funny?

Gary L. Bangs
Cheif, Explosives Industries Program Branch

WOW with a name like Bangs he must know what he is talking about

It is the government where common sense does not exist.
We the people are suppose to just do as they say, not as they do and be happy. Of course they will not answer the question as it may come back and bite them on the back side. So they just do not say anything except what works for them now, vague double talk.

No a tooth pick is not a sword, but it can kill you just as easily as a sword if you are poked in the right place.

jimmyc-rocket on 04-04-2008 01:44 AM

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