LAKE JACKSON, Texas USA -- The quest for answers continues this week in the case of David Bachelder DBA QuickBurst of Lake Jackson, Texas.  Bachelder's business was chopped off at the knees last week when an inspection from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) turned into an inquisition about Bachelder's igniters and other hobby rocketry ignition devices.

The BATFE's attention was focused on products listed on the QuickBurst web site (http://www.quickburst.net/) and sold to members of the rocketry community for use in what the agency contends is an "explosive" event, whether that be the ignition of a rocket motor or the sequence of events that occur during the recovery phase of a rocketry launch where electronics fire an ejection charge filled with black powder.

When queried about where QuickBurst currently stands, Bachelder's position is that detailed information is almost impossible to acquire.  He stated that when he would ask a specific question, he would get the "run-around", get hung-up on, or be the focus of disrespect, anger or inconsistencies.  "Yes, I have been hung up on by the ATF on two different occasions," Bachelder stated.  "I have also been called 'cute'."

The facts of the case are clear however, Bachelder cannot resume making and distributing igniters with out a "LEMP", a type 21  "Manufacturer of Low Explosives Permit".  His application is being completed currently and he hopes to have it in the mail to BATFE this week.  In addition to the manufacturing permit, Bachelder will be required to have his igniters assigned Department of Transportation (DOT) classifications as well as have Material Safety Data Sheets (MSDS) created for each of his compounds.

The affected QuickBurst products are: Hot Shot, Twiggy, Slim Gem, Fat Boy, Super Fat Boy, Cosmos E-Match, Poppers, Smoke Canisters, EZ Ejection canisters, and last but not least QuickDip (a pyrogen kit, containing separate ingredients and shipped as a mix-your-own product similar to Magnelite).

With any luck, he hopes to have the required permit in hand sometime within the next 90 days, but there is always the possibility it could take longer.  Assuming it is approved, once it is in hand Bachelder will be able to resume operations. Bachelder stated he will be required to limit sales to fliers who have federal explosive permits (LEUP or higher) and that all applicable documentation on each and every sale will be required - no exceptions.

As it stands, the BATFE's position regarding manufacturing igniters is that all pyrotechnic compounds (pyrogen) and formulations are considered to be low explosives, unless the manufacturer can prove otherwise.  Proving otherwise can be an expensive task.  In order for Bachelder to get his products exempted, he will have to hire an approved testing lab to do the product testing, then submit the results to the BATFE for approval. 

If the independent testing proves QuickBurst products are not explosives and the BATFE agrees with the results, then they would assume no enforcement jurisdiction.  If that is the result of the independent testing and filing with the BATFE, it would mean a LEUP would not be required to purchase QuickBurst products. 

If you have questions regarding your enforceable actions, you may want to ask your field agent.  The information Bachelder has received regarding his situation has been through the Houston Branch of the BATFE.  You should check your situation out yourself, as your agent may have different views.  The one thing that has been consistent throughout the regulatory enforcement arena is inconsistency.