Media Release

New Regulations Take Effect for Vehicles
and Equipment in Transportation

For Immediate Release

Contact: Lara Currie, President
518/761-0668
Email: lara@currieassociates.com
www.currieassociates.com

While the United States has historically regulated vehicles and internal combustion engines transported within their jurisdiction as hazardous material under Title 49, Code of Federal Regulations, (49 CFR) new regulations have been adopted which will extend regulatory controls to international transportation under the jurisdiction of the International Maritime Dangerous Goods Code (IMDG). Manufacturers and distributors of motorized equipment powered by internal combustion engines which utilize flammable liquid or gaseous fuels or fuel cells powered by flammable liquids or flammable gases will soon be subject to mandatory regulations when offering such equipment or engines for transport by water vessel.

Amendment 35-10 of the IMDG Code published by the International Maritime Organization (IMO) has been authorized for use as of January 1, 2011 and will become mandatory on January 1, 2012. IMO has adopted the provisions included in the 16^th Revised Edition of the UN Model Regulations as they pertain to UN3166, ENGINE, INTERNAL COMBUSTION or VEHICLE, FLAMMABLE GAS POWERED or VEHICLE, FLAMMABLE LIQUID POWERED, or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, and included in Class 9. The IMDG Code has included not only vehicles or equipment with internal combustion engines but also hybrid electric vehicles or machinery powered by both a fuel cell and internal combustion engine with electric batteries installed or other vehicles with both hybrid electric power and internal combustion engines and with wet batteries, sodium batteries, or lithium batteries, transported with the batteries installed. Further provisions are provided for metal hydride storage systems installed in conveyances or conveyance components when approved for transportation by the competent authority.

However, theinternational regulations and the U.S. regulations are not in complete harmony and, under the current domestic (49 CFR) requirements applicable to combustible liquids, confusion will undoubtedly occur in those situations where different grades of diesel fuel with differing flash points may be used as the liquid fuel. The IMDG Code defines flammable liquid fuels as those with a flash point equal to or less than 60°C (140°F) while 49 CFR continues to regulate combustible liquids with a flash point above 60°C and below 93°C (200°F). Shippers of these vehicles and equipment should keep in mind however, theprovisions in 49 CFR for reclassifying flammable liquids with a flash point at or above 38°C as a combustible liquid does not apply to transport by vessel except where other means of transportation is impractical.

The IMDG Code provides regulatory relief for vehicles and equipment stowed on a roll-on/roll-off ship or in another cargo space designated by the Administration (flag State) as specifically designed and approved by such competent authority for carriage of vehicles and equipment if they have been inspected and found to be free of leaks. These provisions apply to car carrier ships and other ro/ro type vessels. Exceptions are also provided in the Code for vehicles and equipment which do not contain any fuel and their batteries are protected from short circuit. But operational considerations often make it impractical to load and unload these vehicles and equipment when the fuel tanks are empty and these vehicles must meet the special provisions applicable to the various types and quantities of fuel used to power them. In addition, vehicles and equipment with batteries installed must be protected from short circuit and in the case of lithium ion or lithium metal batteries, must meet the testing criteria of the UN Manual of tests and criteria or have been approved by the competent authority.

Employees who prepare vehicles or equipment identified as UN3166 for transportation by ship must meet the mandatory training requirements of Chapter 1.3 of the IMDG Code and for U.S. transport, the provisions of Subpart H of Part 172, 49 CFR, applicable to training of hazmat employees.

Currie Associates, Inc. is a leader in providing consulting and training services to the industry and has an excellent reputation within the maritime and intermodal transportation community for assisting our clients in identifying their compliance needs and providing our quality services to manage risk, foster compliance and enhance safety in dangerous goods transportation. We stand ready to answer your questions and offer our assistance in designing and delivering training programs to meet your unique business requirements, including but not limited to offering vehicles and equipment for domestic or international multi-modal transportation.

Consistently rated the best in the business, Currie Associates, Inc. offers a broad range of products and services to the industry specializing in the safe, compliant and secure handling and transportation of hazardous materials. Currie Associates provides in house training and public seminars on 49 CFR, IMDG, Air and Intermodal compliance as well as web-based training and online training. Their programs are currently being utilized by the US and Canadian Coast Guards, Federal Railroad Administration, US DOT Transportation Safety Institute and other enforcement personnel, numerous Port Authorities & shippers and carriers in all modes throughout the world. Offering "hands-on" experience, Currie Associates personnel also perform safety and compliance audits, MSDS Review, design customized risk minimization programs for a wide variety of clients, provide expert witness testimony, assistance with Special Permits and Competent Authority Approvals and hazardous materials classification, marine casualty investigations, and process agent service for foreign corporations as well as international representation and/or technical writing.

Currie Associates, Inc. is a privately held company incorporated in 1990. The primary business of the corporation is to provide, on a worldwide basis, dangerous goods/hazardous materials transportation consulting, training and auditing services. Currie Associates also prepares customized publications and training programs in addition to publishing a large library of compliance guides. Currie Associates has a client base of chemical manufacturing corporations, steamship companies, air carriers, trucking companies, pharmaceutical corporations, international cosmetic companies, freight forwarders, NVOCC's, and trade associations.

Currie Associates, Inc. is well known in the dangerous goods industry as the Administrator of the trade association "Council on Safe Transportation of Hazardous Articles, Inc." (COSTHA) and also as the Technical and Administrative Managers of the trade association "International Vessel Operators Dangerous Goods Association, Inc." (IVODGA, formerly VOHMA). Currie Associates provides technical representation for COSTHA and IVODGA at the UN Committee of Experts (COE) on the Transport of Dangerous Goods and represents IVODGA at the International Maritime Organization (IMO) Dangerous Goods Subcommittee.

For more information on Currie Associates Inc. products and services, call 518/761-0668 or visit our web site www.currieassociates.com or click here to view our brochure.