March 8, 2004

Refer to: HSA-10/WZ-171

Mr. Peter Connors
Remcon Plastics, Incorporated
208 Chestnut Street
Reading, Pennsylvania 19602-1809

Dear Mr. Connors:

Thank you for your letter of January 26, 2004, requesting Federal Highway Administration's (FHWA) acceptance of your company's Type I and Type II Barricades as crashworthy traffic control devices for use in work zones on the National Highway System (NHS). Accompanying your letter were drawings of the device and a comparison to generic crash-tested barricades. You requested that we find your company's barricades acceptable for use on the NHS under the provisions of National Cooperative Highway Research Program (NCHRP) Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features."

Introduction
The FHWA guidance on crash testing of work zone traffic control devices is contained in two memoranda. The first, dated July 25, 1997, titled "INFORMATION: Identifying Acceptable Highway Safety Features," established four categories of work zone devices: Category I devices are those lightweight devices which are to be self-certified by the vendor, Category II devices are other lightweight devices which need individual crash testing but with reduced instrumentation, Category III devices are barriers and other fixed or heavy devices also needing crash testing with normal instrumentation, and Category IV devices are trailer mounted lighted signs, arrow panels, etc. for which crash testing requirements have not yet been established. The second guidance memorandum was issued on August 28, 1998, and is titled "INFORMATION: Crash Tested Work Zone Traffic Control Devices." This later memorandum lists devices that are acceptable under Categories I, II, and III.

A brief description of the devices follows:

The Remcon Type I and Type II barricades are assembled from high density polyethylene parts. It can be fabricated using one or two 12x24 or 8x24 panels on each side which are attached to the legs using 20-¼x1.00 steel bolts and hex nuts. The legs are each 44.5 inches long, and are joined at the top using 13-½x1.5 stainless steel carriage bolts and hex nuts. The panels are manufactured to hold interchangeable transparent diagonal striped "lenses" with retroreflective sheeting affixed to the face of the panels. The total assembled weight using a pair of 12x24 panels above, a pair of 8x24 panels below, and a pair of 3x24 panels at the base for stability and handicap detection, is 21 pounds. The height to the top of the legs when the barricade is deployed is 40.0 inches. The height to the top of the upper panel is 36.125 inches.

Findings
The Remcon high-density polyethylene plastic Type I and II barricades are similar in size, weight, and materials to other crashworthy barricades. They can be expected to perform as well as the generic steel leg barricades found acceptable in the FHWA acceptance letter WZ-85 dated November 15, 2001. Therefore, the devices described above and detailed in the enclosed drawings are acceptable for use on the NHS under the range of conditions that the generic barricades were tested, when proposed by a State. NOTE: This acceptance is for the barricades plus reflective sheeting and striping lens (and properly located ballast, if needed), only. If these are to be used with warning lights they should be crash tested with the type of light(s) they will be used with.

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

• Our 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 FHWA and NCHRP Report 350.
• To prevent misunderstanding by others, this letter of acceptance, designated as number WZ-171 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 Remcon barricades are patented devices and considered "proprietary." The use of proprietary work zone traffic control devices in Federal-aid projects is generally of a temporary nature. They are selected by the contractor for use as needed and removed upon completion of the project. Under such conditions they can be presumed to meet requirement "a" given below for the use of proprietary products on Federal-aid projects. On the other hand, if proprietary devices are specified by a highway agency for use on Federal-aid 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 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. These provisions do not apply to exempt Non-NHS projects. Our regulations concerning proprietary products are contained in Title 23, Code of Federal Regulations, Section 635.411, a copy of which is enclosed.
• This acceptance letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented device. Patent issues are to be resolved by the applicant and the patent owner.

Sincerely yours,

(Original Signed by John R. Baxter)
John R. Baxter, P.E.
Director, Office of Safety Design
Office of Safety

Enclosures