Safety Eligibility Letter WZ - 317

U.S. Department of Transportation
Federal Highway Administration
400 Seventh St., S.W.
Washington, D.C. 20590

May 24, 2012

In Reply Refer To: HSST/WZ-317

Kenneth Parrott
Impact Recovery Systems, Inc.
4955 Stout Dr.
San Antonio, Texas  78219

Dear Ms. Bleau:

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.

Name of system:	Tuff Curb© XLP
Type of system:	Channelizing curb system
Test Level:	MASH Test Level 3
Testing conducted by:	Texas Transportation Institute
Date of request:	July 15, 2011

Decision:
The following device is eligible, with details provided below and in the form which is attached as an integral part of this letter:

• Tuff Curb XLP channelizing curb system.

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 American Association of State Highway and Transportation Officials’ Manual for Assessing Safety Hardware (MASH), 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
To be found eligible for Federal-aid funding, roadside safety devices should meet the crash test and evaluation criteria contained in the American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH).  

Description
Tuff Curb® XLP is a longitudinal channelizing curb system produced by Impact Recovery Systems, Inc.  Tuff Curb® XLP consists of two pieces.  One is a single piece curb section measuring 40 inches long x 8 inches wide x 2 inches high made of High Density Polyethylene and weighing approximately seven pounds.  It is attached to the roadway by way of lag bolts through two or three anchor holes within the curb or with highway grade adhesives.  The second piece is an optional coupler which bridges between curb sections, measuring 10 inches long x 8 inches wide x 1.75 inches high also made of High Density Polyethylene and weighing approximately 2 pounds.  It is attached to the roadway by way of two holes which are co-aligned with adjoining curb sections and anchors by way of the same lag bolt, or through adhesives.  It should be noted that all tests were conducted with vertical road tubes in place.
Subsequent to MASH testing of the curb system on January 19, 2011 at Texas Transportation Institute, twenty two (22) additional tests were performed on January 27, 2011, also at Texas Transportation institute using two anchor configurations, three anchor configurations, and epoxy and Super Bundy adhesives:

1. Traversal of Curb at 25° - Pass – Vehicle stable and no compartment penetration or deformation
2. Traversal of Curb at 0° - Pass – Vehicle stable and no compartment penetration or deformation

Summary and Standard Provisions                                                           
Therefore, the system described above 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 does not cover other structural features of the systems, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence system conformance with MASH 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 are expected to supply potential users with sufficient information on design and installation requirements to ensure proper performance.
• You are 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 test and evaluation criteria of the MASH.
• To prevent misunderstanding by others, this letter of eligibility is designated as number WZ-317 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 does not become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.
• The Tuff Curb© XLP is a patented product 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.

Sincerely yours,

 

Michael S. Griffith
Director, Office of Safety Technologies
Office of Safety

Enclosures