Interpretation ID: aiam0616
Director
Olin Corporation
Energy Systems Division
East Alton
Illinois 62024;
Dear Mr. Johnson, This is in response to your letter of February 22, 1972, in which yo asked for my 'comments reconciling' the position of the NHTSA concerning the rulemaking on Warning Devices (Docket 4-2) with the Bureau of Motor Carrier Safety proposal regarding the carrying of the triangular devices by regulated carriers. You suggested that there was an inconsistency between the statements in a letter that I sent to several Congressmen that we 'anticipate that fusees will continue to be in wide use after the adoption of the rule,' and the BMCS proposal that motor carriers be required to carry the triangular devices.; I do not agree that there is an inconsistency. Fusees are in wide us by groups that would be unaffected by the proposed BMCS rule, State and local police come immediately to mind. Furthermore, ever motor carriers would be free to carry fuses in addition to the required triangular devices if they wished.; I did not state or imply that the NHTSA and BMCS regulations, if an when issued, would have no effect whatsoever on the market for fusees. Obviously, a market that is created or augmented by a government regulation may well be affected when the regulation is changed.; Sincerely, Lawrence R. Schneider, Chief Counsel