Safety Eligibility Letter B-265

U.S. Department of Transportation
Federal Highway Administration

1200 New Jersey Ave. S.E.
Washington, D.C. 20590

September 28, 2016

In Reply Refer To:
HSST-1/B-265 REVISED

Mr. Rajesh Taneja
New York State Thruway Authority
200 Southern Blvd., P.O. Box 189
Albany, NY 12201-0189

Dear Mr.Rajesh Taneja:

This letter is in response to your July 21, 2016 request for the Federal Highway Administration (FHWA) to review a roadside safety device, hardware, or system for eligibility for reimbursement under the Federal-aid highway program. This FHWA letter of eligibility is assigned FHWA control number B-265 and is valid until a subsequent letter is issued by FHWA that expressly references this device.

Decision

The following devices are eligible, with details provided in the form which is attached as an integral part of this letter:

• Modified Three-Tube Bridge Rail (BR208)

Scope of this Letter

To be found eligible for Federal-aid funding, modified roadside safety devices should meet the crash test and evaluation criteria contained in the National Cooperative Highway Research Program (NCHRP) Report 350. However, the FHWA, the Department of Transportation, and the United States Government do not regulate the manufacture of roadside safety devices. Eligibility for reimbursement under the Federal-aid highway program does not establish approval, certification or endorsement of the device for any particular purpose or use. 

This letter is not a determination by the FHWA, the Department of Transportation, or the United States Government that a vehicle crash involving the device will result in any particular outcome, nor is it a guarantee of the in-service performance of this device. Proper manufacturing, installation, and maintenance are required in order for this device to function as tested.

This finding of eligibility is limited to the crashworthiness of the system and does not cover other structural features, nor conformity with the Manual on Uniform Traffic Control Devices.

Eligibility for Reimbursement

FHWA previously issued an eligibility letter for the roadside safety system described in your pending request. Your pending request now identifies a modification to that roadside safety system.

The original roadside safety device information is provided here:

The pending modification(s) consists of the following changes:

1. Changing the post type from a W8×24 to W6×25.
2. Decreasing the post spacing from 9.84 feet on center to 4 feet on center.
3. Increasing the overall top-of-rail height from 42 inches to 45 inches.
4. Eliminating the block out sections for lower rails and changing the rail sections to TS 6 × 6 × 3/16 inch for all three rails. The design also includes a 1/2-inch thick shim plate between the post and rails, which was not included in the model. With the shim plate the resulting distance from the traffic face of the rails to the front flange of the posts is 6.5 inches, which is ½ inch less than the BR208.
5. Replacing the 3/4-inch diameter stud bolts that fasten the rails to the posts in the original system with 3/4-inch diameter round-head bolts for the top and middle rails. The lower rail in the modified design is supported on an L5 × 5 × 5/8 inch angle section with a single 3/4-inch diameter bolt passing vertically through the tube and angle support bracket. The support is fastened to the post using two 3/4-inch bolts with nuts and washers.
6. Increasing the number of mounting bolts used to fasten the bridge rail to the top of the curb from 4 bolts to 5 bolts.  The additional bolt is placed on the traffic side of the mount-plate (tensile side) in-line and at the midpoint of the other two mounting bolts.
7. Increasing the embedment depth for the anchor bolts from 14 inches to 16.75 inches.
8. Increasing the curb width by 3/4-inch (i.e., increasing from 19.5 inches to 20.25 inches).

FHWA concurs with the recommendation of the accredited crash testing laboratory as stated within the attached form.

Full Description of the Eligible Device

The device and supporting documentation, including Finite Element Analysis (FEA) report, reports of the base-line crash tests or other testing done, videos of base-line crash testing, and/or drawings of the device, are described in the attached form. The NYSTA is expected to be responsive to users or other agencies relying on this eligibility letter on questions that may arise from this documentation and if necessary provide the same data that was submitted to FHWA for review.

Notice

If a manufacturer makes any modification to any of their roadside safety hardware that has an existing eligibility letter from FHWA, the manufacturer must notify FHWA of such modification with a request for continued eligibility for reimbursement. The notice of all modifications to a device must be accompanied by:

• Significant modifications – For these modifications, crash test results must be submitted with accompanying documentation and videos.
• Non-signification modifications – For these modifications, a statement from the crash test laboratory on the potential effect of the modification on the ability of the device to meet the relevant crash test criteria

FHWA's determination of continued eligibility for the modified hardware will be based on whether the modified hardware will continue to meet the relevant crash test criteria.

Any user or agency relying on this eligibility letter, is expected to use the same designs, specifications, drawings, installation and maintenance instructions as those submitted for review.

Any user or agency relying on this eligibility letter, is expected to ensure that the hardware used has the same chemistry, mechanical properties, and geometry as that submitted for review, and that it will meet the test and evaluation criteria of the NCHRP Report 350.

Issuance of this letter does not convey property rights of any sort or any exclusive privilege. This letter is based on the premise that information and reports submitted by you are accurate and correct. We reserve the right to modify or revoke this letter if: (1) there are any inaccuracies in the information submitted in support of your request for this letter, (2) the qualification testing was flawed, (3) in-service performance or other information reveals safety problems, (4) the system is significantly different from the version that was crash tested, or (5) any other information indicates that the letter was issued in error or otherwise does not reflect full and complete information about the crashworthiness of the system.

Standard Provisions

• To prevent misunderstanding by others, this letter of eligibility designated as FHWA control number B-265 shall not be reproduced except in full. This letter and the test documentation upon which it is based are public information. All such letters and documentation may be reviewed upon request.
• This letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented system for which the applicant is not the patent holder.
• If the subject device is a patented product it may be considered to be proprietary. If proprietary systems are specified by a highway agency for use on Federal-aid projects: (a) they must be supplied through competitive bidding with equally suitable unpatented items; (b) the highway agency must certify that they are essential for synchronization with the existing highway facilities or that no equally suitable alternative exists; or (c) they must be used for research or for a distinctive type of construction on relatively short sections of road for experimental purposes. Our regulations concerning proprietary products are contained in Title 23, Code of Federal Regulations, Section 635.411.

Enclosures