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Interpretation Response #14-0155 ([Communication Center] [Mr. Ed Gruber])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Communication Center

Individual Name: Mr. Ed Gruber

Location State: MD Country: US

View the Interpretation Document

Response text:

October 22, 2014

Mr. Ed Gruber
Communication Center – Technical Security Division
843 Brightseat Road
Landover, MD 20785

Ref. No. 14-0155

Dear Mr. Gruber:

This is in response to your August 14, 2014 email regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to U.S. Secret Service transport of hazardous material in a government vehicle on official business by the agency. Specifically, you ask if your understanding is correct that this type of transportation is not in commerce, and thus not subject to the HMR.

Your understanding is correct. As provided in § 171.1(d)(5), the HMR do not apply to transportation of a hazardous material in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee solely for noncommercial Federal, state, or local government purposes. Thus, when the U.S. Secret Service transports hazardous materials for its own use, using its own personnel, and in its own vehicles, it is not engaged in transportation in commerce and not subject to the HMR.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Dirk Der Kinderen
Acting Chief, Standard Development
Standards and Rulemaking Division

171.1(d)(5)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions