This message will report on today’s hearing in the U. S. District Court of Washington, D.C., regarding our litigation against the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).
In its pre-hearing filing and again in presentation to the court, BATFE indicated they have completed tests of APCP burn rates versus other unspecified materials using the Air Force Research Lab (AFRL). They claimed in this filing, and in court today, that they need some time to complete evaluating the results and formatting them in order to support filing them with the court as a basis for the rulemaking that they want to do on APCP.
Our counsel stated to the judge that we intended to introduce into the case’s administrative record, and provide to BATFE within a week, the results of testing that we have conducted on burn rates of APCP vs. common household materials. We will also introduce some material from professional rocket propulsion literature on the burning rates of a wide variety of APCP formulations. BATFE expressed some consternation at being presented with data additional to their own tests and tried to state that this was outside of normal procedures, and could cause further delay in the case.
Judge Walton indicated some impatience with the slowness of BATFE in resolving this case, and will permit introduction of our test results. It is now the longest standing on his docket, nearly seven years, and forces him to make regular reports to his Court superiors and the Congress about why it is taking so long to adjudicate. Judge Walton then set October 17, 2006 for the next hearing. He indicated to both parties that he wants to be in a position to close the case at that hearing.
At this time we have no information on the tests done by BATFE. Our own tests support our longstanding contention that APCP does not meet the criteria set by BATFE for deflagrating materials. Counsel advises that we will have an opportunity to obtain, review and critically challenge and contest in court any results presented in the BATFE report. We appreciate your strong financial support for this important legal work. As we head into this critical October hearing, with our case still pending and hanging in the balance, we hope you will continue to consider donating in whatever amount you possibly can. Your support and generosity will be recognized and acknowledged, and you'll be able to say "I supported the fight for an unregulated sport rocket hobby."
We also again remind members who either are threatened or receive BATFE enforcement action that they should immediately contact TRA President Ken Good via email at KJGood@aol.com or at 412-260-4223, or NAR President Mark Bundick via email at mbundick@earthlink.net or at 815-337-9068, and provide full details of those actions or threats. NAR/TRA counsel will then seek the appropriate relief for members from Judge Walton's court.
As we have further developments, we'll continue to report them here and in our publications.
Ken Good, President
Tripoli Rocketry Association
Mark Bundick, President
National Association of Rocketry