U.S. Department of Transportation
Federal Highway Administration
400 Seventh St., S.W.
Washington, D.C. 20590
December 15 , 2006
Refer to: HSA-10/WZ-247 (REVISED)
Mr. John L Lund
Cortina Safety Products Group
10706 W Grand Avenue
Franklin Park, IL 60131
Dear Mr: Lund:
Thank you for your letter of August 29, 2006, requesting the Federal Highway Administration (FHWA) acceptance of your company's: A-Frame Type I and Type II barricades with vinyl I-Beam rails as crashworthy for use in work zones on the National Highway System (NHS). Accompanying your letter were drawings depicting the specified products. You requested that we find these devices: acceptable for use on the NHS under the provisions of the National Cooperative Highway Research Program Report3S0 "Recommended Procedures: for the Safety Performance Evaluation of Highway Features." In response to our request you sent additional information on November 13. 2006.
In support of your request, you referenced our October 2004 acceptance letter issued to a customer c of Cortina's proprietary PlastX A-Frame barricade (acceptance letter WZ-180), The A-Frame barricade tested and accepted is identical to Cortina's. The barricade was tested and accepted with a light-weight warning light (3.3Ibs) securely attached with a bolt. Cortina's I-Beam vinyl rails may be considered equivalent to previously accepted thermoplastic I-Beam rails. Therefore, your company's parade style barricades using Cortina's vinyl I-Beam rails or other previously accepted rails up to 12 feet long with a top rail height measuring no taller than 44 inches, and with a light-weight warning tight securely attached (not to exceed 3.3 lbs) are acceptable for use on the NHS, when proposed by a State.
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 additional changes that may adversely influence the crashworthiness of the device will require a new acceptance letter.
- Should the FHW A 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.
- To prevent misunderstanding by others, this letter of acceptance, designated as number W2·247 shall not be reproduced except in fun. 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.
- Cortina's PlastX Parade style Type I and II Barricade Systems design is patented and considered proprietary. When 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. Our regulations concerning proprietary products are contained in Title 23, Code of Federal Regulations, Section 635.41 I.
- 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 FHW A is neither prepared nor required to become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.
/Original Signed by/
John R. Baxter, P.E.
Director, Office of Safety Design
Office of Safety
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