Safety Eligibility Letter B-97C

U.S. Department of Transportation
Federal Highway Administration

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

June 26, 2013

In Reply Refer To:
HSST/B-97C

Mr. Barry Stephens
Trinity Highway Products
3617 Cincinnati Ave.
Rocklin, CA  95765

Dear Mr. Stephens::

This letter is in response to your request for the Federal Highway Administration (FHWA) to review a roadside safety system for eligibility for reimbursement under the Federal-aid highway program.

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

• Yodock TL-2/TL-3 Barrier Rail Kit

Based on a review of original crash test results and computational analysis submitted by the manufacturer certifying the device described herein meets the crash test and evaluation criteria of the National Cooperative Highway Research Program (NCHRP) Report 350, the device is eligible for reimbursement under the Federal-aid highway program.  Eligibility for reimbursement under the Federal-aid highway program does not establish approval or endorsement by the FHWA for any particular purpose or use. 

The FHWA, the Department of Transportation, and the United States Government do not endorse products or services and the issuance of a reimbursement eligibility letter is not an endorsement of any product or service.

Requirements
To be found eligible for Federal-aid funding, roadside safety devices should meet the crash test and evaluation criteria contained in the National Cooperative Highway Research Program (NCHRP) Report 350 or the American Association of State Highway and Transportation Officials’ Manual for Assessing Safety Hardware (MASH).   

Description
The device and supporting documentation are described in the attached form.

Summary and Standard Provisions                                                  
Therefore, the system described and detailed in the attached form is eligible for reimbursement and may be installed under the range of conditions tested. 

Please note the following standard provisions that apply to FHWA eligibility letters:

• This letter provides a AASHTO/ARTBA/AGC Task Force 13 designator that should be used for the purpose of the creation of a new and/or the update of existing Task Force 13 drawing for posting on the on-line ‘Guide to Standardized Highway Barrier Hardware’ currently referenced in AASHTO Roadside Design Guide.
• This finding of eligibility does not cover other structural features of the systems, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence system conformance with NCHRP Report 350 criteria will require a new reimbursement eligibility letter.
• Should the FHWA discover that the qualification testing was flawed, that in-service performance reveals safety problems, or that the system is significantly different from the version that was crash tested, we reserve the right to modify or revoke this letter.
• You are expected to supply potential users with sufficient information on design and installation requirements to ensure proper performance.
• You are expected to certify to potential users that the hardware furnished has the same chemistry, mechanical properties, and geometry as that submitted for review, and that it will meet the crash test and evaluation criteria of the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of eligibility is designated as number B-97C and 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 at our office 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.  The FHWA does not become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.
• The Yodock TL-2 & TL-3 Barrier Rail is a patented product and considered 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. 
• Because some water ballasted barriers and channelizers are similar in appearance, the FHWA recommends labeling each unit or module to indicate limitations on use.  When used as a barrier all hardware, both internal and external that was used in the crash testing, shall be installed per the manufacturer’s instructions. Recommended guidance for such labels may be found on the web site of the AASHTO/AGC/ARTBA Task Force 13 at http://www.aashtotf13.org. 

Because it is a steel product, the Yodock TL-2 & TL-3 Barrier Rail is subject to Section 635.410 (Buy America) of Title 23, U.S. Code of Federal Regulations, and cannot be permanently incorporated into any federally funded project unless it is made in the U.S. from U.S. steel.

Enclosures