January 1, 2008

In Reply Refer To: HSSD/WZ-264

Mr. John M. Sandy
Director of Product R&D
Traffic Safety Service
601 Hadley Road
South Plainfield, NJ 07080

Dear Mr. Sandy:

In your letter of November 27, 2007, you requested the Federal Highway Administration’s (FHWA) acceptance of your company’s A-frame Type I and Type II barricades as crashworthy traffic control devices for use on the Accompanying your letter were drawings of the barricades and a letter granting permission to your company from Plastic Safety Systems to copy the design of the previously crash tested and accepted barricades. You requested that we find your company’s barricades equivalent and acceptable for use on the NHS under the provisions of the National Cooperative Highway Research Program (NCHRP) Report 350 “Recommended Procedures for the Safety Performance Evaluation of Highway Features.”

Your company’s barricades are nearly identical in size, form, and function and are considered equivalent to Plastic Safety System’s barricades that have been crash tested and accepted for use with and without a lightweight light attached. The Traffic Safety Service’s (TSS) Type I and Type II barricades are manufactured using HPDE plastic and the total weight is between 22 to 64 pounds depending on the length of barricade rail configuration. The lengths of barricade rails vary and may be configured in 4, 6, 8, 10, or 12 foot lengths. The A-frames supporting the barricade rail(s) measure 40.25 inches (1.02 m) tall and 28.9 inches (0.73 m) at the base. Drawings of the devices are enclosed for reference. Additionally, you enclosed a copy of a letter from Plastic Safety Systems granting you permission to copy their barricade design that was found to be crashworthy based on testing as described in the FHWA acceptance letter WZ-102 issued in 2002.

Based on our review, your TSS Type I and Type II barricades are equivalent to the previously accepted barricades in acceptance letter WZ-102. Since you have obtained permission to copy the previously accepted design, your equivalent barricade designs are crashworthy and are accepted by the FHWA as a Category 2 device with and without a lightweight light securely attached.

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 WZ-264 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 TSS Type I and Type II barricades are patented products 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.

Enclosures

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