Justice Department publishes list of explosives sans APCP

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2010 Archived News by Planet News

Friday, January 08, 2010

WASHINGTON, District of Columbia USA — The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) has published a new list of explosive materials in today's Federal Register, a list that no longer includes ammonium perchlorate composite propellant (APCP) following victory by hobby organizations over the federal agency.

The explosives list, a federally mandated publication by the agency, is a requirement fulfilled by the agency on an annual basis. 18 U.S.C. 841(d) and 27 CFR 555.23 require that the Department of Justice publish and revise at least once a year the list of materials that are considered within the scope of ATFE regulatory reach.

This year, for the first time since the list was originally created in the 70's, the list of explosives was missing APCP, a direct result of the decision issued by U.S. District Court Judge Reggie B. Walton on March 16th of 2009, a ruling that vacated ATFE's regulatory oversight of the solid rocket motor propellant.

That landmark ruling came as a result of a lawsuit brought forth by the Tripoli Rocketry Association and the National Association of Rocketry, a lawsuit that lasted for nearly a decade. After having been remanded back to his court on appeal, Judge Walton finally found in favor of the plaintiffs last year.

In the Federal Register publication today, ATFE's list of explosives has a notation that their new list has no new additions but does have one deletion: ammonium perchlorate composite propellant.

"As a result of a recent court decision, ammonium perchlorate composite propellant (APCP) is no longer regulated under the Federal explosives laws. Therefore, APCP has been removed from the list of explosives. In addition, the Department is revising the list to include a parenthetical text after 'ammonium perchlorate explosive mixtures' to clarify that this term excludes APCP."

The full wording of the Federal Register listing follows, minus the individual items listed. A copy of the listing is attached as an Adobe PDF.

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
[Docket No. ATF 34N]
Commerce in Explosives; List of Explosive Materials (2009R–18T)
AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice.
ACTION: Notice of list of explosive materials.
SUMMARY: Pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23, the Department must publish and revise at least annually in the Federal Register a list of explosives determined to be within the coverage of 18 U.S.C. 841 et seq. The list covers not only explosives, but also blasting agents and detonators, all of which are defined as explosive materials in 18 U.S.C. 841(c). As a result of a recent court decision, ammonium perchlorate composite propellant (APCP) is no longer regulated under the Federal explosives laws. Therefore, APCP has been removed from the list of explosives. In addition, the Department is revising the list to include a parenthetical text after "ammonium perchlorate explosive mixtures" to clarify that this term excludes APCP. This notice publishes the 2009 List of Explosive Materials.
DATES: The list becomes effective upon publication of this notice on January 8, 2010.
FOR FURTHER INFORMATION CONTACT: Debra S. Satkowiak, Chief; Explosives Industry Programs Branch; Arson and Explosives Programs Division; Bureau of Alcohol, Tobacco, Firearms and Explosives; United States Department of Justice; 99 New York Avenue, NE., Washington, DC 20226 (202–648–7120).
SUPPLEMENTARY INFORMATION: The list is intended to include any and all mixtures containing any of the materials on the list. Materials constituting blasting agents are marked by an asterisk. 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 if it otherwise meets the statutory definitions in 18 U.S.C. 841. Explosive materials are listed alphabetically by their common names followed, where applicable, by chemical names and synonyms in brackets.
The Department has not added any new terms to the list of explosive materials. However, ammonium perchlorate composite propellant (APCP) has been removed from the list of explosive materials. On March 16, 2009, the United States District Court for the District of Columbia vacated the ATF classification of APCP as an explosive as defined under 18 U.S.C. 841(d). Tripoli Rocketry Ass’n, Inc. v. ATF, No. 00–0273 (March 16, 2009 Order). As a result of the court’s decision, APCP is no longer regulated under the Federal explosives laws at 18 U.S.C. Chapter 40. Accordingly, APCP has been removed from the list of explosive materials. In addition, the Department is revising the list to include a parenthetical text after "ammonium perchlorate explosive mixtures" to clarify that the term excludes APCP.
This list supersedes the List of Explosive Materials dated December 31, 2008 (Docket No. ATF 28N, 73 FR 80428).

Of particular interest in the listings is the parenthetical notation that APCP is not included in the regulation of ammonium perchlorate explosive mixtures, while a similar parenthetical notation is not provided for potassium nitrate explosive mixtures:

Ammonium perchlorate explosive mixtures (excluding ammonium perchlorate composite propellant (APCP)).
...
Potassium nitrate explosive mixtures.

This would seem to indicate that ATF still considers the manufacturer of potassium nitrate composite propellant an agency-regulated activity.

Document: Commerce in Explosives; List of Explosive Materials (52KB Adobe PDF)

Reader comments:

#1 Re: Article: Justice Department publishes list of explosives sans APCP

Additional materials could be found to deserve that change of status upon petition to the court based on the ruling and precedent set forth below:

ATFE’s own burn rate threshold for deflagration is 1000 millimeters (or one meter) per second. Tripoli Rocketry Ass’n, 437 F.3d at 81-82

Let's roll.

In fact the language they use,

"SUPPLEMENTARY INFORMATION: The list is intended to include any and all mixtures containing any of the materials on the list. Materials constituting blasting agents are marked by an asterisk. 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 if it otherwise meets the statutory definitions in 18 U.S.C. 841. Explosive materials are listed alphabetically by their common names followed, where applicable, by chemical names and synonyms in brackets."

could be ordered by a judge to specifically exclude compounds which do not exceed, "burn rate threshold for deflagration is 1000 millimeters (or one meter) per second". That would be all encompassing and helpful and not appreciably impact BATFE (ATFE) and their enforcement of actual "explosives and detonators".

Submitted for your consideration.

Jerry Irvine

KPCP
AP-KP-CP
ANCP
and others meeting the burn rate threshold of under 1000 mm/s.

Just Jerry on 01-08-2010 01:30 PM

#2 Re: Article: Justice Department publishes list of explosives sans APCP

I agree Jerry the rules/definitions that apply to AP are no different for potassium nitrate and other oxidizers. So by extension many other oxidizers/propellants should be exempt as well. While we are at it can we create a new term for "igniter" so it isn�t lumped in with blasting caps and detonators?

gregkdc on 01-08-2010 01:42 PM

#3 Re: Article: Justice Department publishes list of explosives sans APCP

Quote:

While we are at it can we create a new term for "igniter" so it isn�t lumped in with blasting caps and detonators?

I don't believe simply renaming something reclassifies it. I mean, if I call a pistol a fire stick, do I need a permit and a background check?

ddmobley on 01-08-2010 01:49 PM

#4 Re: Article: Justice Department publishes list of explosives sans APCP

Quote:

The compound on an igniter burns slowly enough to be exempt on this theory. Igniters are expressly regulated and were exempt before under two scenarios: Component associated with "Model Rocket Motor" "Toy Propellant Device" "NA-0323", and also in connection with the "Class C" (now 1.4) general exemption ATF eliminated. If those exemptions (55.141-a-7) were revived and were clarified for "slow burning rocket igniters", ie., NOT detonators, then it could fly. Given the ATFE's general recalcitrance for anything logical or reasonable, TRA/NAR (the case managers) would have to show that ATFE being "shown and found by ruling to be arbitrary and capricious" also made an arbitrary decision to eliminate the Class C exemption and later even stated it was an error, and thus it should be ORDERED reinstated with the modern DOT language of 1.4 replacing Class C, per DOT's own regulations.

Submitted for your consideration.

These concepts were provided to Attorney Egan years ago by me.

Under NA-0323 (1.4s) one could have an "igniter", "delay module", or "ejection module" up to 25.4g. As you well know even fairly large ejection modules are about 3g, and a more typical one is 1/4-1/2g FFF. A delay module varies quite a lot but up to 15g is not out of the realm of reason. Igniters are of course smaller, but a fairly big one might be 1g. So NA-0323 1.4s (mailable) is suitable for all these goods SINCE they are also ATFE exempt. A dual deployment system might consist of two relatively small igniters, 1/8g net, and two relatively small ejection modules you put the igniter into at the field, of perhaps 1/2g net each. Delay modules are currently in the market as RDK kits for RMS delay change-outs.

None of these items are well suited to property damage crimes or initiating of detonating explosives.

Since they are already allowed under NFPA, the safety code, NA-0323 (ATF exempt expressly and USPS mailable), I have suggested that despite there being no formal requirement, NAR accept such goods that are mass-manufactured for "certification and listing" so it is clear from a trusted source the intended use is exempt civilian rocketry.

Jerry Irvine

Just Jerry on 01-08-2010 01:51 PM

#5 Re: Article: Justice Department publishes list of explosives sans APCP

Interesting that they didn't exempt "Non-Detonable APCP", but all APCP formulations.

Does this mean that we are now free to use the high-performance stuff from the Pentagon's private stash?

SCE to AUX on 01-08-2010 07:35 PM

#6 Re: Article: Justice Department publishes list of explosives sans APCP

Quote:

Additional materials could be found to deserve that change of status upon petition to the court based on the ruling and precedent set forth below:

ATFE�s own burn rate threshold for deflagration is 1000 millimeters (or one meter) per second. Tripoli Rocketry Ass�n, 437 F.3d at 81-82

Jerry Irvine

KPCP
AP-KP-CP
ANCP
and others meeting the burn rate threshold of under 1000 mm/s.

IMO, the real issue and flaw in ATFE's theory on what's an explosive; �is ATFE classifying compounds that are not cap sensitive as an explosive in the first place". Sure, non cap sensitive compounds containing oxidizers are energetic and if burned under sufficient confinement, can because of confinement explode, but that can be said about any combustible substance, even some that are not combustible... I may be a little out in left field, but I don't think so and after all it's just my opinion.

Fred

frederocket on 01-08-2010 09:09 PM

#7 Re: Article: Justice Department publishes list of explosives sans APCP

Quote:

Put that more in the form of a "pleading".

Jerry

Just Jerry on 01-08-2010 09:12 PM

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