Interpretation ID: aiam1259
Sr.
Octopus Road Safety Devices
Inc.
53 Clark Street
Hamburg
New York 14075;
Dear Mr. Vara: This is in response to your September 4, 1973, petition for rule makin to amend Standard 125, *Warning devices*, to permit the triangular portion of the device to tilt to a position of 30 degrees from the vertical when subjected to winds of 40 mph from any direction for 3 minutes.; The present standard permits 10 degrees tilt under these condition Rowland Development Corporation of Kensington, Connecticut, and Safety Triangles Company of Phoenix, Arizona, have also requested modification of the tilt rule to permit 30 degrees movement. The NHTSA determined that such tilting distorted the distinctive shape of the equilateral triangle and reduced its reflective characteristics. There factors outweighed the claimed benefits of the proposed change. The NHTSA published its decision in the Federal Register on January 30, 1973 (Docket No. 4-2, Notice 6, 38 F.R. 2760).; We have considered your phone calls and your letters of July 25, 1973 August 4, 1973, and September 4, 1973, to the Office of Operating Systems. One letter enclosed a report dated July 13, 1973, which indicates that your device may tilt as much as 80 degrees, which distorts its appearance and reduces its reflective ability. The NHTSA has concluded that the rapid 'flickering' movement which you consider a desirable feature of your device does not outweigh these disadvantages. Therefore, in conformity with our response to earlier petitions for a 30 degrees tilt, your petition is denies. A copy of the previous denial is enclosed for your information.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;