U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Ave. S.E.
Washington, D.C. 20590
July 25, 2007
In Reply Refer To: HSSD/SS-134A
Mr. Larry Leahy
P.O. Box 135
Auburn, IL 62615
Dear Mr. Leahy :
Thank you for your July 5 correspondence requesting an addendum to the Federal Highway Administration's (FHWA) acceptance letter SS-134. This letter described your company's "Redi-Torque" Model 280 Hardware Kit for use on your previously accepted breakaway slip base sign supports on the National Highway System (NHS). You have requested an addendum to cover the use of a modified 2-7/8 inches slip base receiver for round pipe sign supports that have a greater section modulus than the tested square tube. Your request is acceptable for the modification described above for use with your previously accepted slip base hardware. This modification will not adversely affect the crashworthiness of your slip base system and the slightly larger section modulus could improve the efficiency of the slip base system.
Please note the following standard provisions that apply to the FHWA letters of acceptance:
- This acceptance is limited to the crashworthiness characteristics of the devices and does not cover their structural features, nor conformity with the Manual on Uniform Traffic Control Devices.
- Any changes that may adversely influence the crashworthiness of the device will require a new acceptance letter.
- Should the FHWA discover that the qualification testing was flawed, that in-service performance reveals unacceptable safety problems, or that the device being marketed is significantly different from the version that was crash tested, it reserves the right to modify or revoke its acceptance.
- 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 essentially the same chemistry, mechanical properties, and geometry as that submitted for acceptance, and that they will meet the crashworthiness requirements of the FHWA and the NCHRP Report 350.
- To prevent misunderstanding by others, this letter of acceptance designated as number SS-149 shall not be reproduced except in full. This letter, and the test documentation upon which this letter is based, is public information. All such letters and documentation may be reviewed at our office upon request.
- The Xcessories Squared Redi-Torque bolt is a patented product and considered proprietary. If proprietary devices are specified by a highway agency for use on Federal-aid projects, except exempt, non-NHS projects, they: (a) 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.
- This acceptance letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented device for which the applicant is not the patent holder. The acceptance letter is limited to the crashworthiness characteristics of the candidate device, and 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.
George E. Rice, Jr.
Acting Director, Office of Safety Design
Office of Safety
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