Yep!

No sign of anything from the ATF. It would seem that a great deal of celebrating is in order and a hearty Congratulations to TRA and NAR.

G

1Message from the NAR President

Dear BRUCE R,

JOINT NAR/TRA STATEMENT ON THE LAWSUIT VS BATFE

Since the BATFE has not appealed the decision of the Federal District Court of March 16, 2009, which ordered the agency to vacate their classification of APCP as an explosive, and the period for their ability to do so has expired as of May 16, 2009, on advice of counsel, the judgment is considered final although we have not received confirmation from BATFE. Accordingly, members may operate under the understanding that APCP rocket motors are no longer regulated as an explosive material by BATFE, and no longer require the permits formerly required by the agency to buy, sell, or possess such motors.

Members possessing a LEUP are advised that they should evaluate their individual situation based upon whether they possess (or plan to possess) and store materials that are still considered regulated by BATFE. While APCP rocket motors are now no longer regulated under the requirements of the "Orange Book" and are not subject to requiring a LEUP, other materials may be subject to these requirements.

Members are also reminded that both NAR and TRA safety codes stipulate what motors they may possess, depending on their level of flyer certification. These rules still apply to our members. We likewise strongly encourage vendors of hobby rocket motors to continue to work cooperatively with the rocketry community to only sell rocket motors to customers who possess flyer certifications commensurate with the motors they wish to purchase. Ensuring we maintain our strong level of self-regulation will be an essential element in our ability to retain this freedom from overregulation by outside agencies.

Members should immediately contact the leadership of NAR or TRA should they encounter situations where any BATFE personnel conduct themselves in a manner inconsistent with the final judgment of the Federal District Court.

Trip Barber Ken Good
NAR President TRA President

1From NAR Electronic Rocketeer Issue #11 May 2009

Well, I'm not one to say I told you so but..... Apologies for the delay but I finally got it posted as FRONT PAGE NEWS and believe me, Good news deserves repeating!!!!

Yet more words; these from Trip Barber NAR Prez:

Message from the NAR President

Our nine-year dispute with BATFE continues, despite our decisively favorable court judgment that they chose not to appeal. On June 9, the NAR/TRA legal counsel sent the Director of BATFE a letter demanding action in response to the now-final Court judgment. We insist that they comply with the judgment by publicly canceling their regulations on APCP, by instructing their field agents to cease regulatory inspections of those who possess it, and by removing the now-superceded information on hobby rocket regulation from their website. We will keep you posted on their response, and we will take them to court again if they do not comply. Please advise me if you are subject to inappropriate regulatory action by BATFE field agents; but remember that black powder and some forms of igniters are still regulated and still require magazines and LEUPs.

Meanwhile, NAR and TRA have directed our counsel to file a motion with the court for recovery of our legal expenses. This is justifiable because the court found the agency's actions to be "arbitrary and capricious" and wholly without merit. This will take months to play out, and while our odds of success are OK they are not 100 percent; and even if we succeed we will only get back a fraction of what we (that's you!) spent due to the arcane federal rules that govern this. If we ever get any substantial amount of money back, we will consult with the NAR membership before deciding what to do with it. But until the date that we actually get anything back, there is no point in theorizing about how to spend it.

On May 29 we had one of the most serious safety incidents in the history of the hobby. A flier of unknown identity flew a rocket that looked like a medium-size high-power sport rocket directly in front of a commercial airliner flying at 11,000 feet in clear skies about 30 miles east of Houston, TX. This rocket came so close that the pilots thought they were going to hit it. An observer on the ground saw the rocket as well. The FAA and the FBI are investigating this outrageous incident and it has been widely reported in the press. Both the NAR and TRA are cooperating fully.

Our 50-year record of self-regulation and safety is our hobby's number one asset in dealing with public officials and launch site owners. A single incident such as this puts our hobby's reputation at risk. While this incident was almost certainly a deliberate criminal act, even an inadvertent near miss resulting from flying through clouds, breaking a waiver ceiling, or an RSO's inattention to aircraft before launching could have the same effect. Flight safety always has to be our number one priority when flying, or our flying will be at risk.

Didn't the airplane incident happen last year? Or is this another one? While it's redundant for the members of this club, safety is, as it's always been, number one on the list for launches. All we need is for some careless rocket guy or disgruntled BATFE agent to cause an accident that would put all this back in court. Not that I'm paranoid... 🙄

This was the second annual Memorial Day a**hole apparently launches a rocket near a plane event.

Great...

Adrian, I'm really enjoying your I"600" post elsewhere. It's nice to have someone in adition to JW pushing rockets for everything they've got... and more. Very nice stuff.

Thanks Bruce. The altitude competitions are more fun when more people are playing, so I'm glad John Wilke is back, John Bixler is in it, and Chad and some others are getting into it too.