Senate Bill S724

1. Senate Bill S724 AeroPac Presentationfor Michael Walker May 13, 2003

2. SB724 • Overview of Major Issues • Rocket Propellant was incorrectly classified as an explosive. • Impacts Space Education, Aerospace Training. • Impacts California Aerospace Business.

3. Rocket Propellant • Rocket Propellant was categorized as a material who’s “primary or common purpose of which is to function by explosion”. • Rocket fuel is a flammable solid that produces a controlled amount of gas when burned. • Tests at both The Department of Transportation and New Hampshire State Police have shown rocket propellant is not an explosive.

4. Rocket Propellant • Because Rocket Propellant is misclassified as an explosive; • Numerous permits are required. • An Explosives Magazine must be used for storage • Groups of persons will not be able to participate in Rocketry. • Jobs will be eliminated, companies will abandon products. • Getting permits is an endless loop of authorities who are empowered, but reluctant to issue them.

5. Impact to Business • America is already losing its premier position in aerospace. • Companies that employ any non-citizen will have to ensure they can not access “explosives”. • Eliminating Rocketry will reduce student interest in science and technology. • California loses the most when U. S. aerospace business goes abroad. • Dr. Wernher Von Braun would not be allowed to work on rockets.

6. Senator Feinstein’s support is needed • Senator Enzi has introduced SB724 to correct the problems for rocketry. • If the Senator sees potential problems with SB724 AeroPac is available to help with research or support. • Contacts • Mike Yamamoto, Yamamoto.Mike@bls.gov , (415) 975-4450 • Steve Preston, spreston@highpower.com, (408) 729-3401 • Erik Ebert, eebert@alumni.caltech.edu, (650) 868-2541

7. Support information

8. Rocket Propellant • Rocket propellant is a flammable solid that produces a controlled amount of gas when burned. This gas is forced through a nozzle to produce thrust. Expensive rocket propellant would have to be modified and compounded to make a mediocre explosive. • Better explosives can be made with household chemicals for less money.

9. Rocket Propellant ATF data from 4 year study show most “Explosive Incidents” utilize readily available materials and no instance of rocket propellant.

10. Permits and Approvals • LEUP – Low Explosives User Permit • Limited Permit of little or no use • State of California Pyrotechnics License • Approval from City/County Building Inspector • Approval from Fire Marshal • A variance from the Director of the ATF • Permit from Department of Justice

11. Getting Permits • The approval process is not documented. • Undocumented requirements continue to creep into the approval process. • ATF agents tell applicants they first need a permit from the DOJ ! • Bureaucratic Deadlock • ATF won’t issue permit until Fire Marshal • Fire Marshal won’t issue permit until ATF

12. Getting Permits • Example; • 5 meetings • 50+ phone calls • Written test in Sacramento • Direct Costs $227 (permits), indirect $30 (gas) • 60 Hours (during the work week) • Fingerprinted twice • $250 for storage magazine • Status unknown

13. Must be 21 years old to get a LEUP. College programs –highly restricted. High School and Junior High programs -eliminated Citizenship The ATF has put educational institutions on notice that effective May 24, 2003 "it is not permissible for a nonimmigrant alien student at a public or private educational institution to possess explosives (or for the institution to knowingly provide explosives to him) for use in the course of his studies or for other purposes not related to his employment with the public educational institution." Local CanSat program launched 60 payloads built by students. Participants; Stanford Lockheed Martin C S U Hayward Tokyo Institute of Tech. Impact to Education - Access • Soka University • Arizona State • University of Tokyo

14. Impact to Education - Shipping • Restricted shipping has led to students not being able to get model rocket motors. • UPS has stopped shipping • USPS, $60+postage+written permission from Washington • NASA’s Student Launch Initiative • Aerospace Industries Association’s Team America Rocketry Challenge • More than 9,000 students on 873 teams registered across the nation.

15. Impact to Business • U. S. students will not have “Hands-on” experience with rockets. • New recruits to the international Aerospace business will have to come from foreign sources. • Because the “foreigner” can’t work with rocket motors in the U. S., they will be working for foreign companies.

16. Impact to Business • American Aerospace • Severe restrictions on American aerospace companies with respect to the hiring of foreign engineers and technicians. • The Safe Explosives Act prohibits nonimmigrant aliens from possessing explosives. • Virtually all aerospace companies hire foreign engineers and technicians with a nonimmigrant visa, H-1B. • During the course of their work assignment, these engineers and technicians would normally be around and in "possession" of explosives.

17. An Explosive? -Not at All Can't commercial or amateur Rocket Fuel be made to deflagrate like black powder? Answer: No. For a material to deflagrate in order to sustain an explosion, its burn rate must be high and sustainable. Amateur Rocket Fuel does not fit the bill on either counts. First, the burn rate for Amateur Rocket Fuel is too low. Typically, Amateur Rocket Fuel burns at a rate of about 0.04 inches per second under atmospheric pressure. Black powder burns at about 6.5 inches per second under atmospheric pressure (Next Page- Black powder burn rate measurement apparatus at atmospheric pressure). Under this condition Amateur Rocket Fuel burns at less than 1% the rate of black powder. The burn rate of black powder goes up dramatically under pressure. For example, black powder burns at about 2700 inches per second under a few 100 psi of pressure. Under the same conditions, Amateur Rocket Fuel burns at about 0.3 inches per second. Second, Amateur Rocket Fuel cannot sustain a burn rate under explosive conditions. In a confined vessel, such as a closed pipe, black powder burns so rapidly that most of the black powder has been consumed and turned into explosive energy when the pipe bursts. Even the small amount of black powder left unburned at this point will be consumed at a rapid rate adding to the explosive energy. If Rocket Fuel is put in a closed pipe and ignited, it will burn at a rate much less than 1 inch per second, until the pipe bursts. At this point, only a small amount of the Amateur Rocket Fuel will have been consumed or converted into explosive energy. The burning of the remaining Amateur Rocket Fuel will usually stop due to the rapid pressure drop when the pipe bursts.

18. Black Powder verses Rocket Fuel

19. “Explosive Storage” If rocket motors are considered Explosives they must be stored in an Explosives Magazine Unless several variances can be obtained an Explosives Magazine requires a minimum ¾ Acre lot.

20. Some Prohibited Persons Safe Explosives Act Prohibited Category Visas Types • E - International Traders and Investors • H - Temporary Workers • L - Intracompany Transferees • O - Aliens of Extraordinary Ability • P - Entertainers and Athletes • Q - Participants in International Exchange Programs • R - Religious Workers • TN - Canadians and Mexicans Under NAFTA • A - Diplomatic and other government officials, and their families and employees. • B - Temporary visitors for business or pleasure. • F - Academic Students and their families • G - Representatives to international organizations and their families and employees. • I - Representatives of foreign media and their families • J - Exchange Visitors and their families • M - Vocational Students and their families • N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States. • H-1B Temporary working visa