Consumer Product Safety Commission
Harrassing Chemical Dealers To
Require
ATFE Permits For Pyro &
Rocket Chemicals
December 3, 2004 - For several months, the Consumer Product Safety
Commission (CPSC) has been conducting an intense campaign to require that
chemicals used in pyrotechnics and amateur rocketry be sold only to those
individuals and companies with ATFE permits. These are chemicals which are not
on the ATFE Explosives List and legally do not require a permit. The CPSC has
been systemically harassing businesses to force them to comply or face expensive
legal court action. While the CPSC has no legal basis for their action, they
hope the threat of financial ruin in a prolong court battle against the federal
government will motivate business owners to bow to CPSC demands. This spring,
the Department of Justice started looking for ways to regulate all chemicals via
the ATFE. The ATFE enforcement division was cool to the idea, but Justice was
determined to pursue it. It is not known at this time if there is any connection
between the CPSC harrassment campaign and the
Department of Justice.
Some chemical companies have given in to the demands of the CPSC. Fire Fox
Enterprises has decided to fight, but lacks the financial resources to do so. It
has asked members of the pyrotechnics community for financial aid. The letter
below from Fire Fox to the Fireworks Foundation details the situation.
Fire Fox Enterprises Letter
The time has come to start the
fund raisers, and we appreciate your willingness to help us. We were hoping that
we would not have to write this letter, but unfortunately all of our attempts to
negotiate with the CPSC have failed. On Monday last we were served with a
Summons to either sign the Consent Decree that was attached or appear in court.
After reading through the new proposed Consent Decree, we have come to the
conclusion that to sign it we would in fact be putting an end to our business,
as we could not survive with such a devastating blow in sales by eliminating
these items from sales as stated in this Decree.
This is a brief summary of their
decree;
No sales whatsoever on the following items unless the customer has an ATFE
manufacturing permit;
any Chlorate compound, Magnesium Metal (all), Permanganate compound, Peroxide
compound, Zirconium Metal, or any listed in 16 C.F.R. 1507.2.
No sales on the following to anyone that does not posses a ATFE Manufacturing
Permit, the following particle size in less than 100 mesh, Aluminum and Aluminum
Alloys (all of them), Magnesium Aluminum Alloys, Titanium Alloys or Zinc Metal.
No sales on the following items to anyone that does not posses a ATFE
Manufacturing Permit in quantities greater than 1 LB per year, Antimony and
Antimony Compounds, Benzoate Compounds, Nitrate Compounds,
Perchlorate Compounds, Salicylate Compounds
or Sulfur.
No sales on any Fuse greater than 25' per year per
customer who does not posses a ATFE Manufacturing License.
As you can see this covers
virtually ALL OXIDIZERS and most of the commonly used fuels. This will
effectively put us and all other suppliers out of business and with us, the
clubs. The ATF tells us that hobby fireworks for your own use and not for resale
is legal without permits in most cases (you still need an ATFE to purchase time
fuse if you are making shells and black powder). However, you do have to store
the completed devices properly according to their specs (magazine) but if you do
not have an ATFE you do not need to register the magazine with ATF. You just
need one constructed according to their specs should they have reason to visit
you and you do need to keep magazine records.
The CPSC does not care about this.
It looks to us like they are trying to get these chemicals listed on the FHSA
(fed hazardous substance act). If they do, these items are GONE! As you know we
have been willing to do our part in controlling those that wish to make illegal
devises, as they are the ones that make it hard for all of us that strive to
follow the regulations and keep this hobby alive. We do not sell "combination
orders" for flash without an ATFE but the CPSC has broadened their language as
to what is a combination order. They now state that anyone who orders the
materials that can be used to make salutes, even separately and/or over any
period of time and even if not all of the materials it takes to make them was
ordered, again even over any period of time would be in violation of the FHSA.
One example is an order for potassium chlorate or
perchlorate and paper tubes! Another would be an order for 250 ft of
fuse, etc. etc..
We both wish that we could fight
this alone without asking for any help, but unfortunately we do not have enough
finances to do that, so we are turning to you and humbly asking you to help us
with this. It does not matter who you purchase your materials from. If we loose
this battle all the other suppliers will fall as well and they know it. It is
time to rally all the support we can to get through this. Please help us and
your hobby by addressing as many supporters as you can to come to our aid. We
have been in contact with our attorney (Doug Mawhorr)
and he is very positive that we will have a good chance of this going our way
with some restrictions of course.
NY Congressman Hinchey Wants
Ammonium Nitrate, Potassium Nitrate &
Sodium Nitrate On ATFE Explosives List
December 3, 2004 - In September, 2003, U.S. Representative Maurice
Hinchey (NY-22) introduced House bill H.R.5140 to put ammonium nitrate,
potassium nitrate and sodium nitrate on the ATFE explosives list. ATFE permits
would be required to buy these materials and an approved ATFE storage magazine
would be required to store them. On November 5th, the bill was referred to the
Subcommittee on Crime, Terrorism, and Homeland Security. It is not expected to
be passed before Congress adjourns. However, the Safe Explosives Act was in a
similar situation when it was added to the Homeland Security Act in a late night
session as an amendment. ARSA is currently putting a watch on this bill and
lining up members of Congress to block the bill or any possible amendment.
Judge Walton Refuses
To Clarify
His Ruling On Fully Assembled
Rocket Motors As PADs
December 3, 2003 - In October 2004,
Judge Walton denied the request by NAR and TRA to (1) order the ATFE to
recognize sport rocket motors as propellant actuated devices (PADs)
and to (2) order that the Question and Answer sheet currently posted on the ATF
website either be removed or revised. The action was brought by NAR and TRA due
to harassment of Al's Hobby Shop by the ATFE. The ruling by the judge puts the
question of whether fully assembled motors are PADs
or not, up in the air. He further ordered that "the parties shall proceed with
the litigation of this case as previously scheduled by the Court."
ATFE Ignores Court Ruling &
Launches Harrassment Campaign
Against Al's Hobby Shop
December 3, 2004 - In August 2004, the ATFE issued a response to
frequently asked questions (FAQ) on rocketry. In their response, they completely
ignored the ruling of the court regarding PAD exemptions for fully assembled
motors. They were ready to enforce the previous rules regarding the 62.5 gram
limit on APCP. In addition, they claimed that all rocket igniters, except those
used in Estes class motors, were now on the ATFE
Explosives list. Shortly after this, the ATFE made an unannounced visit to Al's
Hobby Shop. The female ATFE agent proceeded to enforce the rules listed in the
FAQ on Rocketry booklet. This first encounter at Al's Hobby Shop was the
beginning of a once a week harassment campaign by the ATFE against the business.
The visits include inspecting the explosives locker and paperwork.
Todate, the female agent has logged over 100 hours
at Al's while her partner has logged about 40 hours. The ATFE agents often come
together to the shop.
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