Letter to ATF Director Bradley Buckles

May 20, 2003

Bradley Buckles
Director
Bureau of Alcohol, Tobacco and Firearms
United States Department of The Treasury
650 Massachusetts Avenue, NW
Washington, D.C. 20226

Dear Director Buckles:

We are writing to request the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to delay the implementation of regulations requiring Federal explosives permits for individuals purchasing or transporting ammonium perchlorate composite propellant (APCP) for 90 days. APCP is primarily used in hobby and consumer rocket motors.

We are very concerned about the impact that implementing Federal permit requirements on May 24, 2003 will have on businesses and consumers that sell and use APCP to power model and consumer rockets. Using rocket motors to send their rockets skyward, hobby rocketeers enjoy a safe hobby and foster an interest in space exploration and science in participating youth. The implementation of permit requirements will make it difficult for this hobby to continue.

In a January 29, 2003 Federal Register notice, the ATF proposed rules to exempt rocket motors containing no more than 62.5 g of APCP from ATF permit requirements. The ATF estimates that about 90 percent of hobbyists use motors within this range and will not be subject to the new rules. However, ATF has not justified this estimate. We request a justification of this estimate.

ATF also claims that "only a small percentage of hobbyists, that is, those who have previously acquired and transported non-exempt rocket motors within their States of residence and who, therefore, have not previously been required to obtain a Federal permit, will experience a change as a result of the Safe Explosives Act." In fact, the percentage will be higher than ATF expects. Many individuals participating in this hobby carry their rocket bodies to events in other states and purchase rocket motors from vendors at the launch. Using this method, rocketeers have legally avoided the need to obtain permits. As these individuals will now be required to purchase a Federal explosives permit, ATF has misjudged the percentage of individuals that will be impacted. We request that ATF collect and evaluate data that considers this practice.

In addition, some shipping companies have halted the shipment of packages containing APCP due to the current ambiguity in jurisdiction over the transport of explosives between ATF and the Department of Transportation. Shipping companies have been informed by the ATF that they would be liable for the prevention of the possession of explosives by prohibited persons that they may employ. As some shippers do not currently require extensive background checks on their employees, they have decided to stop shipping all explosives, including rocket motors. This situation has already directly increased business costs and consumer expenses, even for individuals using ATF-exempted APCP motors.

Finally, we have received numerous reports of ATF field inspectors' inconsistencies in the handling and processing of explosives permit applications for the purchase and transport of APCP motors from individuals that have attempted the process. These reports suggest that ATF has not clearly articulated the permit regulations and requirements to its field inspectors. Such misinformation actively discourages individuals that are attempting to comply with ATF's regulations.

Clearly, the ATF requires time to address the ambiguities and inconsistencies and research the unmeasured negative effects caused by these regulations before their full implementation. In order to avoid needlessly harming small businesses and individuals enjoying a unique hobby, we ask that the implementation of regulations requiring Federal explosives permits for individuals purchasing or transporting APCP be delayed for 90 days. Thank you for your attention to this matter and we look forward to your response.
Sincerely,

Mike Enzi
Conrad Burns
Mike Crapo
Lisa Murkowski
Jim Inhofe
Norm Coleman