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WASHINGTON, District of Columbia USA -- On October 31, 2006, the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) filed with the U.S. District Court in the District of Columbia the documentation of their explosives testing of ammonium perchlorate composite propellant (APCP) as mandated by District Court Judge Reggie B. Walton.
The documents, totaling 2,189 pages and three CDs, were filed in hard copy with the court, and were made available in electronic format to the plaintiffs, the National Association of Rocketry (NAR) and Tripoli Rocketry Association (TRA). The electronic documents have been converted into paperless format for electronic distribution and review by members of the two organizations.
The study, directed by David S. Shatzer, Program Manager for the BATFE Arson and Explosives Program Division, Enforcement and Program Services, was conducted to determine APCP's classification as an explosive as dictated by 18 U.S.C., Chapter 40, and included testing by the U.S. Air Force Research Laboratory at Tyndall Air Force Base, Florida. Shatzer's filing of the administrative record consisted of 27 attachments, the first being the United States Federal Explosives Laws and Regulations, otherwise known in the industry as the "Orange Book". It is unknown why the filing erroneously stated that just 20 documents were attached. The government, in filing legal documents demonstrating its right to regulate citizens should be interested in filing documentation that is current and up-to-date, however, as submitted, the "Orange Book" is clearly out-of-date. Published in 2000, it became outdated with the enactment of the "Safe Explosives Act" (SEA), which took effect on May 24, 2003. Electronic copies of the documentation has been posted to http://www.blastzone.com/atf/ broken into 100 page increments as Adobe PDF files. A breakdown by attachment is available at http://www.tripoli.org/documents/batfe/Oct2006Filing/2006Oct30-ATF.shtml, although attachments 22-25 are included. They are available, however, as part of the last PDF in the 100 page increment files. Currently the three CDs submitted as attachments are available. The executed filing by Shatzer follows.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
TRIPOLI ROCKETRY ASSOCIATION, INC.,
and
NATIONAL ASSOCIATION OF ROCKETRY,
Plaintiffs,
v.
UNITED STATES BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
Defendant.
| ) ) ) ) ) ) ) ) Civil Action No. 00-273 (RBW) ) ) ) ) ) ) |
NOTICE AND CERTIFICATION OF ADMINISTRATIVE RECORD David S. Shatzer, pursuant to 28 U.S.C. § 1746, deposes and says as follows: I am currently a Program Manager for the Arson and Explosives Program Division, Enforcement and Program Services, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As Program Manager, I have been involved in the study and testing of ammonium perchlorate composite propellant (APCP) in order to determine whether APCP should be classified as an explosive material as defined by 18 U.S.C., Chapter 40.
The following documents, annexed hereto as Attachments 1 through 20 constitute, to the best of my knowledge, a true and complete copy of all documents and materials considered by ATF in reaching its determination that APCP is an explosive material: - Federal Explosives Laws and Regulations, 2000.
- ATF/AEPD, Test Protocols - Reaction Rate Determinations.
- "Reaction Rate Determination of Hobby Rocket Motors, Time Fuse and Powdered Propellants," United States Air Force Research Laboratory (AFRL), A-FRL-ML-TY-TP-2006, July 2006.
- ATF Fire Research Laboratory Report, 06F0029 Sub I, dated July 28, 2006.
- Plaintiffs Cover Letter dated August 1,2006.
- Plaintiffs Report titled, "Bum Rates of Common Materials Compared to Ammonium Perchlorate Composite Propellant" to be submitted for presentation to the Kentucky Academy of Science Annual Meeting, November 2006.
- "Hazard Classification. Determination of In-Process Explosive Substances and Articles Using a Step-by-step Approach," Speed and Pulley, Safety Management Services, West Jordan, Utah, 2000.
- Department of Defense Ammunition and Explosives Safety Standards 6055.9, dated October 2004.
- Ammunition and Explosives Standards, TM 9-1300-206, Headquarters, Department of the Army, 1988.
- Military Explosives, TM 9-1300-214, Headquarters, Department of the Army, 1987.
- Engineering Design Handbook, "Principles of Explosive Behavior," Headquarters, United States Army Materiel Command, 1972.
- Solid Rocket Booster Command Destruct System Hazard Study, Naval Surface. Weapons Center, 1985.
- Chemistry of Pyrotechnics, Conkling, © 1985.
- Blasters Handbook, 17th Ed., International Society of Explosives Engineers, 1998.
- Harmonization with the United Nations Recommendations and the International Maritime Dangerous Goods Code; Manual of Tests and Criteria adopted by reference at 49 C.F.R. Part 171.7, United States Department of Transportation, 2001.
- Material Safety Data Sheets.
- United States Department of Transportation, Classification of Explosives, multiple dates.
- Encyclopedia of Explosives and Related Items, U.S. Army Research and Development Command, 1960.
- Authorized List of Explosives, Natural Resources Canada, multiple dates.
- "Rocket Propulsion Elements," Fourth Ed., p. 396, DOT Classification "B." (Prior to 1991, DOT classified explosives as "A," "B," and "C.").
- Department of Defense, Ammunition and Explosives Hazard Classification Procedures, Headquarters, Departments of the Army, the Navy, and Air Force, and the Defense Logistics Agency, January 1998.
- 49 C.F.R. § 173.124.
- 49 C.F.R. § 173.50.
- Explosions, Their Anatomy and Destructiveness, Robinson, © 1944, Chapter 1.
- Department of Transportation, Research and Special Programs, 56 Fed. Reg. 47,158 (Sept. 18, 1991).
- Two CDs: Reaction Rate of Hobby Rockets, Safety Fuse & Propellants, Tyndall AFB, Florida, May 22-26, 2006.
- ATF Fire Research Laboratory CD: Burning Rates of Candles and Bond Paper, Photos and Video.
I certify under penalty of perjury that the foregoing is true and correct.
Executed on this 30th day of October, 2006.
/s/ David S. Shatzer |