Safety Eligibility Letter WZ-322

U.S. Department of Transportation
Federal Highway Administration

1200 New Jersey Ave. S.E.
Washington, D.C. 20590

April 3, 2014

In Reply Refer To:
HSST/WZ-322

Mr. Douglas Micelli
Protection Services Inc.
655 Lucknow Road
Harrisburg Pennsylvania 17110

Dear Mr. Micelli:

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:	42 Inch Tall Cone
Type of system:	Traffic Cone Channelizer
Test Level:	NCHRP Report 350 Test Level 3
Component Testing by:	Washington Laboratories, Ltd. (WLL)
Date of request:	November 15, 2013
Date initially acknowledged:	February 21, 2013
Date of completed package:	November 19, 2013

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

• 42 Inch Tall Traffic Channelizer Cone

Based on a review of crash test results for a similar product submitted by the manufacturer certifying the device described herein meets the crash test and evaluation criteria of the National Cooperative Highway Research Program (NCHRP) Report 350, 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 NCHRP Report 350 or the American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH).

Description
The device and supporting documentation are described in the attached form. The cone is similar to the TrafFix Devices Looper Cone which was covered in FHWA Letter WZ-189. You have received written permission from TrafFix Devices Inc., to use their full scale crash tests to support your certification that the Protection Services 42-inch tall cone meets the crash test criteria of NCHRP Report 350.

The two cone designs are comparable with the exception of the warning light attachment hole. The TrafFix Devices Looper Cone was crash tested and resulted in a cracked windshield when the light detached and impacted the test vehicle. Washington Laboratories, Ltd., conducted quasi-static pull tests to assess the strength of the warning light attachment hole for both the TrafFix Devices Looper Cone and the Protection Services Traffic Cone Channelizer. The WLL test report showed that the Protection Services Traffic Cone Channelizer had a greater capacity to retain the warning light than the crash tested cone. Therefore windshield damage is less likely when warning lights are used on the Protection Services Traffic Cone Channelizer.

Summary and Standard Provisions
Therefore, the system described 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 NCHRP Report 350 criteria 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 crash test and evaluation criteria of the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of eligibility is designated as number WZ-322 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 Protection Services Cones are patented products 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