How many different ways ARE we exempt?
What constitutes an explosive?
How many ways is propellant and motors
NOT a hazardous item?


BUREAU OF EXPLOSIVES

Proper transportation hazard classification for an explosive, of course,
culminates with the assignment of an EX Number. Much more specific than
a Hazard Classification, an EX Number applies to a particular explosive
formula and its packaging. The two larger pictures of historic
regulation of explosives and the present system of classification of all
hazardous materials are needed to make clear the EX Number. In the
nineteenth century the EX Number was essentially a privately
administered classification of the only recognized hazardous material.
Today it is administered publicly as part - albeit a special part - of
the larger system that regulates hazardous materials.

A specific series of tests determines the hazard classification. The
manufacturer's knowledge of the material can, in some cases, substitute
for some of the tests in this process. In the absence of assumptions,
except a concern that the material is explosive, the material moves
through Test Series 1 and 2 in that order. Test 1 looks at output
ascertaining if the material exhibits explosive characteristics. If not,
then for transportation classification, it exits from Class 1
consideration at this point.

Proof of BOE/AARR/DOT test exempting material as an explosive (Class 1) as of
July 14, 1986 forward on material which is smaller than or does not contain a fully
solid cylinder 3.30" x 36" (particle size threshold of MEQ).



COMMENTARY

I guess a lot of people just can't get their heads around
the thought that hobby rocket APCP just doesn't seem to be
enough of a fire hazard to qualify for "hazmat" shipping...

It makes perfect sense to me... if you have some reloads in
the back of your car and the car catches fire, the propellant
will burn up too, no problem... but it isn't going to amount
to a major escalation of the fire (compared to the fuel from
the tank), nor is it likely to be the cause of an accidental
ignition in itself.
-David Weinshenker

David Schultz wrote:
I did. It says that items above a certain size are class 1.3. It is
utterly and completely silent on the classification of anything smaller.
It doesn't say 1.4, 4.1, sausage, or anything. No recommendation for
smaller sizes. Period. Like the question wasn't even asked.

Dave Weinshenker wrote:
Does that mean that smaller sizes are considered
not to be "hazardous materials" at all?

Jerry Irvine wrote:
Yes and the reason is very clear. The test performed on the material
DEMONSTRATED non-detonability in a sample below a threshold size (3.75"
and the "judgement of the test professional" was that 3.3 inch cylinders
would be considered non-hazardous.

Keep in mind series 1 and 2 tests performed on any material suspected to
be an explosive is what determines if it is a 1.1 or a 1.2 or a 1.3.
1.4 is a subset of 1.3.

If the tests do not "trigger" it "falls" to the next hazard class down.
In this case 4.1 flammable solid. IF it also fails to trigger THOSE
tests (2.2mm/s burn rate and others) then it "falls out" of 4.1.

There is no other hazard class to fall into so it becomes an unregulated
plastic.

A person familiar with the procedures of series 1 and 2 tests readily
understand that test report conclusively determines items below 3.3 x
36" cylinder (or even a larger shape that does not fully contain one of
those in any orientation) is not an explosive as tested. Not class 1.

Furthermore smaller sizes were addressed in the recommendation as
follows:
W.S. Chang, BOE Chief Chemist wrote 7-14-86:
It is recommended that the material represented by this sample [sample
representing all size ranges] is described as Propellant Exoplosive,
Solid and classed as a Class B Explosive [fire hazard but minimal
projection or blast hazard] when the material [note only when the material]
is shipped [only when shippping] in a cast form [particle size is a hard
solid form, ie. NOT a powder] with the minimum dimensions of 36.00"h x 3.30"d.
[a solid cylinder 3.3 x 36 inches] [emphasis mine]


DEPARTMENT OF TRANSPORTATION

Tony Alcocer said:
I called the DOT this morning (909-937-3279) To see what they
required in the way of permits or placarding. I did this in part
becasue my ATF agent is gonna ask. I got ahold of Lee (ext 7224).
I explained that I was in the hobby of sport rocketry and I wanted
to know what they required in regards to DOT regs. He needed "UN"
numbers which I was able to supply him with. I got them from
Aerotech's web page. I gave him UN0351 which is for 38mm loads
(class 1.4) I also gave him UN0275 which I believe is for 98mm
loads (class 1.3) He looked them up to see what they were. He stated
that since it was "for private use and not in commerce that the DOT
did not require a permit or placarding"


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

DEFINITIONS

Deflagration:
A sudden or rapid burning, as opposed to a detonation or explosion.

Detonation:
A rapid chemical reaction which propagates at a supersonic velocity.
Detonation wave:
A shock wave in a combustible mixture, which originates as a combustion wave.

Explosion:
1. The sudden production of a large quantity of gas, usually hot, from
a much smaller amount of a gas, liquid, or solid.
2. Specifically, an explosion, sense 1, produced by combustion of a fuel
and an oxidizer.


COMMENTARY

The distinction between an explosion, sense 2. and a detonation is that
in an explosion the heat release rate and the number of molecules per
unit volume increase with time more or less uniformly, whereas a
detonation is propagated by an advancing shock front behind which
exothermic reactions take place and thus is (spatially) nonuniform.


UNITED NATIONS

Proper transportation hazard classification for any material is
determined by TESTING independent of ANY arbitrary "rules" or
"policies" or "personal opinion" of the over-reaching regulators,
such as the infamous USDOT.

Once the material passes the "screening tests" as set forth in
the BOE/AARR/DOT test report linked above, it then may be subjected
to tests to determine IF the material is a FLAMMABLE SOLID as defined.
The threshold AMBIENT bruning rate is 2.2mm/s or 0.0866 inches per
second. If it burns slower than that it is an UNREGULATED PLASTIC.
As defined, as tested, as regulated.


Proof UN classification of material DROPS OUT of FLAMMABLE SOLID
consideration and is thus and therefore an UNREGULATED PLASTIC. As TESTED.
As defined. As REGULATED. Internationally by treaty!!!



COMMENTARY

The Holy Grail


FEDERAL EXPLOSIVES LAW

Organized Crime Control Act of 1970, Title XI

Regulation of Explosives

Public Law 91-452, Approved October 15, 1970 (as Amended)

[NOTE: Any reference to the Internal Revenue Code of 1954 refers to the
Internal Revenue Code of 1986

(Sec. 2, Public Law 99-514, 100 Stat. 2085, October 22, 1986.)]

PURPOSE

SEC. 1 1 01. The Congress hereby declares that the purpose of this title
is to protect interstate and foreign commerce against interference and
interruption by reducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive materials. It is not
the purpose of this title to place any undue or unnecessary Federal
restrictions or burdens on law-abiding citizens with respect to the
acquisition, possession, storage, or use of explosive materials for
industrial, mining, agricultural, or other lawful purposes, or to
provide for the imposition by Federal regulations of any procedures or
requirements other than those reasonably necessary to implement and
effectuate the provisions of this title.

SEC. 1102. Title 18, United States Code, is amended by adding after
chapter 39 the following chapter:
Chapter 40. -IMPORTATION, MANUFACTURE, DISTRIBUTION AND
STORAGE OF EXPLOSIVE MATERIALS

Editor's Note [[THEIRS]]

The sections of law set out herein were newly added by Public Law
91-452, Title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 952-959, and remain
unchanged unless otherwise footnoted.

Sec. 841. Definitions.

Sec. 841. Definitions (c) "Explosive materials" means explosives, blasting
agents, and detonators.

(c) "Explosive materials" means explosives, blasting agents, and
detonators.

(d) Except for the purposes of subsections (d), (e), (f), (g), (h), (i),
and 0) of section 844 of this title, "explosives" means any chemical
compound mixture, or device, the primary or common purpose of which is
to function by explosion.

(e) "Blasting agent" means any material or mixture, consisting of fuel
and oxidizer, intended for blasting, not otherwise defined as an
explosive: Provided, That the finished product, as mixed for use of
shipment, cannot be detonated by means of a numbered 8 test blasting cap
when unconfined.


APPLICATION OF LAW AND COMMENTARY

In addition they are proposing to enforce against items that clearly
test as and are defined as non-explosives in their own misguided
regulations.

Furthermore the very preamble of their enacting legiclation says and I
quote,

"Organized Crime Control Act of 1970, Title XI

Regulation of Explosives

Public Law 91-452, Approved October 15, 1970 (as Amended)

[NOTE: Any reference to the Internal Revenue Code of 1954 refers to the
Internal Revenue Code of 1986

(Sec. 2, Public Law 99-514, 100 Stat. 2085, October 22, 1986.)]

PURPOSE

SEC. 1 1 01. The Congress hereby declares that the purpose of this title
is to protect interstate and foreign commerce against interference and
interruption by reducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive materials. It is not
the purpose of this title to place any undue or unnecessary Federal
restrictions or burdens on law-abiding citizens with respect to the
acquisition, possession, storage, or use of explosive materials for
industrial, mining, agricultural, or other lawful purposes, or to
provide for the imposition by Federal regulations of any procedures or
requirements other than those reasonably necessary to implement and
effectuate the provisions of this title."

Nothing about propellant or rocket motors of ANY size posessed by any
persons, prohibited or not has ever caused interference and interruption
in commerce. None. Ever.

Even "prohibuted persons" are permitted to have actual explosives under
the language, "It is not the purpose of this title to place any undue or
unnecessary Federal restrictions or burdens on law-abiding citizens with
respect to the acquisition, possession, storage, or use of explosive
materials for industrial, mining, agricultural, or other lawful
purposes, or to provide for the imposition by Federal regulations of any
procedures or requirements other than those reasonably necessary to
implement and effectuate the provisions of this title."

ATF are a bunch of slimy beaurucrats turned cops, looking for
self-justification and lowering themselves to law-abiding soft targets
and getting them on "technicalities" to do it.

As I have said for decades, for all practical purposes due to the
conflicting and inconsistenmt laws all rocketeers are illegal somehow all
the time and are subject to arrest on obscure technicalities at the will
of the police state.


Ray Dunakin wrote:
This is one area in which I agree completely with Jerry. Anyone who thinks they
are always in compliance is fooling themselves. They may be practicing
"significant compliance" (to borrow a phrase) but there's always SOME
technicality you can be nailed on if someone in authority decides to do so.
The laws are intentionally designed to be vague, confusing, obscure,
inconsistent and/or impossible, for precisely that reason.

Massive commentary and discussion from rec.models.rockets


FEDERAL LAW EXEMPTIONS

16 CFR 1500.85 (a)(4) Educational materials such as art materials, preserved
biological specimens, laboratory chemicals, and other articles intended
and used for educational purposes.

[38 FR 27012, Sept. 27, 1973, as amended at 41 FR 22935, June 8, 1976;
42 FR 43391, Aug. 29, 1977; 48 FR 16, Jan. 3, 1983]

Consumer Product Safety Commission 5, LXXI; 16, II
Federal Employees Health Benefits Acquisition 48, 16
Federal Trade Commission 5, XLVII; 16, I
Federal Employees Health Benefits Acquisition 48, 16


HARD TESTED FEDERAL LAW EXEMPTIONS

(7) The importation, distribution, and storage of fireworks classified as UN0336, UN0337, UN0431, or UN0432 explosives by the U.S. Department of Transportation at 49 CFR 172.101 and generally known as ``consumer fireworks'' or ``articles pyrotechnic.''
(full cite)

Our product is hard classified UN0431 (1.4G Articles Pyrotechnic for Technical Purposes) (Former Class C and thus exempt under oild as well.)

Consumer Product Safety Commission 5, LXXI; 16, II
Federal Employees Health Benefits Acquisition 48, 16
Federal Trade Commission 5, XLVII; 16, I
Federal Employees Health Benefits Acquisition 48, 16


BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special
mechanized device or gas generator system which is actuated by a
propellant or which releases and directs work through a propellant
charge."

This definition is what is referred to in 27 CFR 55.141(a)(8)

55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated
devices, or propellant actuated industrial tools manufactured, imported,
or distributed for their intended purposes.

From this, it is commonly understood that as long as the PAD are
manufactured, imported, or distributed for their intended purpose, they
are exempt from treatment as explosives per 27 CFR and other laws.
There is no size or volume limitation on what is exempted.

See http://www.atf.treas.gov/explarson/fedexplolaw/qanda.pdf

page 10 (page 62 of the "Orange Book")

66. Who must meet storage requirements?
All persons who store explosive materials must
store them in conformity with the provisions of
Subpart K of the regulations, unless the person or
the materials are exempt from regulation. [18
U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164,
55.201(a)]

Note the reference to 55.141.

Proof of ATF recognition of Propellant Actuated Device exemption

Alcohol, Tobacco and Firearms, Bureau of 27, I


COMMENTARY

David Weinshenker said:
Looks like he's quoting US government laws and (regulations with force
of law)... if someone is going to "run afoul of government authorities"
by following the law as written, then we have a problem.

What are you implying - that ATF position papers circulated as internal
discussion memos or published in agency newsletters trump the published
statutes in the US Code and the Code of Federal Regulations? That the law
is what the police say it is, not what the legislators wrote?

If "force of law" doesn't matter and it's all about "force of enforcement",
isn't that a pretty good definition of a police state?


BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (BATFE)
Rogue agency and "boys gone wild"


from ATF Publication 5400.7 (6/90):

Title 27, Code of Federal Regulations
Part 55 - Commerce in Explosives
Subpart B - Definitions
Section 55.11 - Meaning of Terms
which contains the following text:
...
Explosive materials: Explosives, blasting agents, water gels, and detonators.
Explosive materials INCLUDE, BUT ARE NOT LIMITED TO, ALL ITEMS in the List of
Explosive Materials
provided for in Section 55.23
...

(emphasis added by David Weinshenker)


COMMENTARY

Ray Dunakin said:

And don't forget their handy catch-all "Even if it's not on the list, it's
still regulated" policy. They could bust you for any unlicensed possession/use
of ANY material if they decide AFTER THE FACT that it's an "explosive" or
"explosive mixture" or "explosive device". (That little gem is so clearly
unconstitutional, I don't know why no one's called them on it yet.)

anon poster wrote:
Without a search warrant. . . nothing. If you DO HAVE an LEUP they could
enter your home at will.

Jonathan Battat wrote:
Maybe I'm wrong (probably am) but couldn't they GET a warrant even if Joe
doesn't have a LEUP because they have probable cause based on the fact Joe
bought the motors, attends launches, etc., etc. It is my understanding it
isn't very difficult at all for them to get a warrant for something like
this if the judge issuing the warrant happens to agree with the reasons.
They don't need exigent circumstances or anything - just call up a judge,
explain the situation, and if the judge agrees they'll sign the warrant and
Joe is in a tight spot. Hopefully I'm wrong - someone shed some light.
Thanks.

"shockwaveriderz" wrote:
Realistically ?
well the ATF will come and kick down your door at 5AM, and throw Joeon the
floor under machine guns, while killing the pet dog cause
he barked at them...
Then his house and garage and car would be "tossed" updaide down looking for
any and all kinds of incriminating evidence....
Joe would then be handcuffed, throw in the back of a car, and hauled off to
the closest jail cell with all sorts of miscreants.....
2 or 3 days later after being raped in jail numerous times, he would be
dragged before a federal magistrate who would classify him
as a "noncombatant terrorist" and you would then be whisked out of state to
an unnamed military base where for all intents and
purposes you will have ceased to exist...
Your family, friends, employers, etc. will not even know that you have
"disappeared".....and when they go to inquire as to your
whereabouts and actual location, they will be told thats its none of their
business as this is a National Security matter......
Is this "realistic" enough for you?

anon replier wrote:
Yes it is under the newly unconstitutional "patriot act" the most misnamed
bill ever.


UNITED STATES POSTAL SERVICE

a. Hazardous material is any article or substance designated by the U.S.
Department of Transportation (DOT) as being capable of posing an
unreasonable risk to health, safety, and property during transportation. In
international commerce, hazardous material is known as dangerous goods.

- note material is not an explosive as defined.
- note material is not a flammable solid as defined.

a. Division 4.1, Flammable Solids. Any solid material other than one
classed as an explosive that, under conditions normally incident to
transportation, is likely to cause fires through friction or retained
heat from manufacturing or processing, or that can be ignited readily
and, when ignited, burns so vigorously and persistently as to create a
serious transportation hazard.

- Not applicable because 1) not an explosive, 2) not likely to cause
fires through friction or retained heat 3) Is not ignited readily.

a. Division 5.1, Oxidizing Substances. A material that may, generally by
yielding oxygen, cause or enhance the combustion of other materials.

- APCP is 75% AP so this MIGHT apply but probably not since it is a
homogeneous densisitized plastic with AP as mere filler. If it did
apply, easy access would be 1 pound per grain (mid-J).

- Does not cause combustion because it is stable and autoignition 500F.

- Does not enhance combustion because it burns locally only.

- its oxygen is consumed by ITS combustion.

Therefore it is not a hazardous substance.

QED


PROPELLANT IS -NOT- AN EXPLOSIVE.
APCP is not even a hazardous substance as defined!





Feedback from rec.models.rockets (mostly sniping)
Instructive as to why the government got such power
over us despite the law giving us absolute and clear
exemptions and permissions.

California State Propellant Actuated Device Laws
Exerpts from Group 18 Art 113. The law gives us
absolute and clear exemptions and permissions.

Commentary on the CA state link:
Propellant as used in any model rocket motor is not an
explosive as defined (APCP, KPCP, BP, ANCP).

In CA rocket motors can be considered
Propellant-Actuated Power Devices.

Proper storage is in the shipping container in quantities
of 750 pounds per room with no special precautions.

Igniters, fuses and fuse lighters are exempt.

Section on legislative intent
Section on how laws can be better aligned and globalized.
Record of commercial sale as alternative to permits. Time proven.
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