The full text of the BATFE response has been included below:

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

TRIPOLI ROCKETRY ASSOCIATION, INC.,
and
NATIONAL ASSOCIATION OF ROCKETRY,
Plaintiffs,

v.

__________________________________________)

Civil Action No. 00-273 (RBW)

NEXT SCHEDULED EVENT:

Pursuant to the Court’s Order, dated April 20, 2006, the defendant Bureau of Alcohol,

Tobacco, Firearms and Explosives (“ATF”) respectfully reports as follows:

ATF selected the United States Air Force Research Laboratory (“AFRL”) located at

Tyndall Air Force Base in Florida, to conduct testing to determine the reaction rate of ammonium

perchlorate composite propellant (“APCP”) when used for its primary or common purpose (i.e.,

as a rocket propellant). The AFRL also conducted testing to measure the reaction rates of known

deflagrating materials, to determine a threshold between the reaction rate at which materials

deflagrate and the reaction rate at which materials burn, in the ordinary sense of atmospheric

burning. This testing is completed. ATF is currently waiting for AFRL to provide a written

report of the test results.

In addition, ATF’s Fire Research Laboratory in Beltsville, Maryland, conducted testing to

determine the reaction rates of known combustible materials. These tests were also conducted to

compile scientific information relevant to the threshold between the reaction rate at which

materials deflagrate and the reaction rate at which materials burn. This testing is complete and

the results have been compiled in a report.

Upon receipt of the AFRL report, the Bureau expects that it would complete its

reconsideration of the proper classification of APCP, and execute a document reflecting its

decision, within approximately the next sixty days.

In its previous status report filed on December 9, 2005, ATF reported that, following the

Court’s March 19, 2004 ruling in this case, it decided to prepare a final rule (separate from the

other matters set out in Notice No. 968, Department of the Treasury; Bureau of Alcohol, Tobacco

and Firearms; Notice of Proposed Rulemaking, 68 Fed. Reg. 4406 (January 29, 2003)), that

would address only the amendment to the list of explosives exemptions set out at 27 C.F.R. §

55.141 (re-designated § 555.141) to include certain model rocket motors (“final rocket motor

rule”). ATF further reported that, on November 9, 2005, the Department of Justice submitted the

final rocket motor rule to the Office of Management and Budget, Office of Information and

Regulatory Affairs, for review pursuant to Executive Order 12,866 (1993), and that the

Department of Justice was waiting for the Office of Management and Budget (“OMB”) to

complete this review.

OMB completed its review on or about January 10, 2006. The final rocket motor rule is

now pending additional review at the Department of Justice. As of July 6, 2006, the final rocket

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motor rule was under review by high level officials within the Department of Justice prior to

final approval and publication which requires the approval of the Attorney General. Because

ATF lacks sufficient familiarity with the matters and priorities of high officials within the

Department of Justice, ATF is unable to provide the Court with an informed estimate of when

final approval may be expected; however, this process is not likely to be concluded prior to

ATF’s decision concerning APCP.

In its previous status report, ATF also reported that it had commenced rulemaking with

respect to the regulatory definition of the term “propellant actuated device” (“PAD”), that its

Notice of Proposed Rulemaking (“NPRM”) was being reviewed within the Department of

Justice, and that ATF expected that the NPRM would be published in the Federal Register in

December of 2005 or January of 2006.

On January 10, 2006, ATF received comments from the Department of Justice, Office of

Legal Counsel regarding the PAD NPRM. On January 17, 2006, ATF submitted a revised PAD

NPRM to the Office of Legal Counsel for review. After that review is complete, the revised

PAD NPRM will undergo further review by other officials within the Department of Justice and

ultimately be submitted to the Attorney General for final approval and publication. This process

is also not likely to be concluded prior to ATF’s decision concerning APCP.

Dated: July 19, 2006.

Respectfully submitted,

KENNETH L. WAINSTEIN, D.C. BAR # 451058
United States Attorney

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/s/

RUDOLPH CONTRERAS, D.C. BAR # 434122
Assistant United States Attorney

/s/

OF COUNSEL
Joel J. Roessner, Associate Chief Counsel (Litigation)
Bureau of Alcohol, Tobacco, Firearms and Explosives