Safety Eligibility Letter CC-65H

U.S. Department of Transportation
Federal Highway Administration

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

February 21, 2013

In Reply Refer To: HSST/CC-65H

Mr. Geoff Maus
Director of Engineering
TrafFix Devices, Inc.
160 Ave. La Pata
San Clemente, California  93673

Dear Mr. Maus:

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 form which is attached as an integral part of this letter:

• Scorpion Trailer TMA with integral Arrow/Display Panel

Based on a review of crash test results 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
Roadside safety devices should meet the guidelines contained in the NCHRP Report 350 or the American Association of State Highway and Transportation Officials’ Manual for Assessing Safety Hardware (MASH).   

Findings
Full-scale crash testing according to NCHRP Report 350 was conducted on the Scorpion TMA and TMA Trailer and documented in these FHWA letters:

In order to evaluate the performance of the Scorpion Trailer TMA with the arrow/display panel attached, you conducted a developmental test with a device using production aluminum tube frames, but without the internal aluminum honeycomb filled cartridges. The arrow panel and frame was in place during the test, and the video shows that the arrow panel remained rigidly attached to the trailer frame and showed no potential for impacting the test vehicle or penetrating the occupant compartment.

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 finding of eligibility is limited to crash characteristics and does not cover the structural features of the systems, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence the crash characteristics of the system 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 will be expected to supply potential users with sufficient information on design and installation requirements to ensure proper performance.
• You will be 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 requirements of the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of eligibility is designated as number CC-65H 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 is neither prepared nor required to become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.
• The Scorpion TMAs are patented products 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.

Enclosures