| OTO No. | 590 | Classification | MITI-137 |
|---|---|---|---|
| Date of Acceptance | March 29, 1999 | Ministry/Agency Receiving Complaint | Cabinet Office (Economic Planning Agency) |
| Responsible Ministries | Ministry of Economy, Trade and Industry (Ministry of International Trade and Industry) | Related Laws | Explosives Control Law, Enforcement Regulations of the Explosives Control Law |
| Complainant | Domestic firm | Exporting Countries | USA |
| Subject | Relaxing regulations pertain to permit for acquiring and consuming model rockets | ||
| Description of Complaint | (1) In order for consumers to acquire and consume large model rocket engines and igniters, which are classified as gunpowder and ammunition under the Explosives Control Law, it is necessary to obtain acquisition and consumption permits from the prefectural governor. However, since the procedures for obtaining these permits are complicated, the number of persons who wish to purchase large model rockets has not increased at all. Accordingly, the complainant hopes that the following deregulation measures are taken regarding large model rockets: 1) making it unnecessary for rocket launching handlers certified by the Japan Model Rocket Association to have an acquisition permit; 2) making it unnecessary to obtain a permit for consuming model rockets for sporting events, launching events or competitions, etc. under the proviso to Article 25, Clause 1 of the Explosives Control Law. (2) No acquisition permits are required for fireworks and for devices for deploying automobile airbags. Also, no consumption permits are required for fireworks or gunpowder for hunting rifles, as long as they are limited to certain uses and amounts. The complainant wishes to know what specification factors are evaluated to exempt these articles from the requirement of acquisition and consumption permits, and for which specification factors information should be provided in order to obtain exemption from the requirements for acquisition and consumption permits, for model rockets. (3) The Ministry of Economy, Trade and Industry has requested the disclosure of data on the safety of explosive material in order to determine the security of the propulsive power equipment and the igniter of the large model rocket. The Ministry of Economy, Trade and Industry answered that it would examine examples where the extension of the scope of non-requirement for permit is requested under the Explosives Control Law, focusing on whether the users of explosive can certainly store and manage the explosives. However, it did not say that it would consider safety, Thus, since this case is a request within the scope of the Explosives Control Law, it must be sufficient to conduct an examination focusing of whether the users of the explosives can certainly store and manage them. However, the ministry actually requested safety data in the same way as when exemption from law is requested, which is unconvincing. |
||
| Details of Measures |
The ministry replied as follows: (1) Since permits for acquisition of explosives are those granted by the administrative authorities in order to prevent disasters due to explosives, the requirement of such permits cannot be eliminated simply because products have been approved by a specific body. Given that there is currently no information on detailed specifications of the large model rockets in question, acquisition permits must continue to be required. Furthermore, considering that there is currently no information on detailed specifications of the large model rockets in question, it is not possible, from the viewpoint of preventing disasters due to explosives, to eliminate the requirement for consumption permits in accordance with the proviso to Article 25, Clause 1 of the Explosives Control Law. (2) Factors that must be studied in order to eliminate the requirement of acquisition permits for explosives are the type of explosive and its composition, amount of explosive used, structure, stability, propulsive power and so on. These factors are those required for evaluating the safety of the explosive in question. For fireworks and devices for deploying automobile airbags, the requirement of acquisition permits was also eliminated after examining these factors. Factors that must be studied in order to eliminate the requirement of consumption permits are those which are required for evaluating the safety of the explosive in question such as the type of explosive and its composition, amount of explosive used, structure, stability and propulsive power, as well as information on the conditions under which the said explosive will be consumed. Fireworks and explosives for hunting rifles were also evaluated on these factors, and then, the requirement of consumption permits was eliminated. Moreover, in response to the inquiry concerning data required for examining the elimination of the requirement of acquisition and consumption permits for large model rocket, the ministry has answered the specific data required. (3) The ministry has just made an answer that as far as the issue of deregulation under the Explosives Control Law is concerned, it is necessary to examine safety data in the same way as the ammunitions which are exemption from law and that data for confirming safety is also required in this case. |
||
| Classification of Processing | D | Directions | III |
| Remarks |
A written reply was made on April 27, 1999. A written reply was made on June 17, 1999, (to additional questions dated May 11, 1999). A written reply was made on September 10, 1999, (to additional questions dated August 12, 1999). A written reply was made on October 21, 1999, (to additional questions dated September 22, 1999). A written reply was made on February 8, 2001, (to additional questions dated November 13, 2000). A written reply was made on May 11, 2001, (to additional questions dated April 13, 2001). |
||