Communication Center — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 OCT 2 2 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 CPR parts 171-180) to U.S. Secret Service transport of hazardous material in a government vehicle on official business by the agency. Spectficalty, you ask if your understanding is correct that this type oftransporlation 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. s;JJJ~ "k r£ Kihderen Acting Chief, Standard Development Standards and Rulemaking Division#

Page 2Goodall, Shante CTR (PHMSA) From: Sent: To: Subjec:t: Ciccarone, Michael CTR (PHMSA) Friday, August 15, 2014 1:50 PM Hazmat Interps FW: Letter of Interpretation request- Gov't Operations Exception from the HMR 14-0IS~ Shante and Alice, Please submit this for a formal letter of interpretation. The caller discussed the topic with Victoria Lehman. Thanks, Mike From: EVERETT GRUBER (TSD) [mailto:Ed.Gruber@usss.dhs.gov} Sent: Thursday, August 14, 2014 12:13 PM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation request - Gov't Operations Exception from the HMR I work for the U.S. Secret Service Technical Security Division. I have been asked to contact the U.S. DOT Hazardous Materials Information Center regarding clarification on the applicability of Hazardous Materials Regulations when transporting HAZMAT in a US. Government vehicle on official business by government employees. It is my understanding that the regulations do not apply, since the above is not considered transportation for commerce. If possible, I would like to request a letter of interpretation specifically for U.S. Secret Service operations. The letter could be sent via email to this email address, or if that is not satisfactory, the mailing address is: Communication Center- Technical Security Division C/0 Ed Gruber 843 Brightseat Road Landover MD 20785 I can be contacted at this email address or (ofc)202-942-3163 or (bb)202-380-6304 Thank you for your time. Respectfully, Ed Gruber Ed Gruber U.S. Secret Service/TSD EOD Operations Section Ofc: 202-942-3163 1#

Page 3Cell: 202-380-6304 All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it. 2#