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

June 7, 2013

In Reply Refer To:
HSSD/B-233

Mr. Wolfgang Ganster
Delta Block International GmbH
Industriestrasse 28
A-2601 Sollenau
Germany

Dear Mr. Ganster:

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. 

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

• Delta Bloc DB 80 F-Shape portable concrete barrier 12 ft 6 in long units

Based on a review of crash test results submitted by the manufacturer certifying the device described herein meets the crashworthiness 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
Roadside safety devices should meet the guidelines contained in the MASH.   

Description and Crash Tests
The enclosed copy of your form, as well as the letter from Thomas Wolfe sent on October 5, 2011, details the construction of the barrier as well as tests 3-10 and 3-11, both of which were conducted in compliance with the MASH and resulted in successful performance. Vehicle trajectory, barrier structural adequacy, and occupant risk factors conformed to the evaluation criteria contained in the MASH.

Findings
Therefore, the system described and detailed in the attached letter, drawings, and test data summary 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 letter provides a AASHTO/ARTBA/AGC Task Force 13 designator that should be used for the purpose of the creation of a new and/or the update of existing Task Force 13 drawing for posting on the on-line ‘Guide to Standardized Highway Barrier Hardware’ currently referenced in AASHTO Roadside Design Guide. 
• This finding of eligibility is limited to the crashworthiness characteristics of the systems and does not cover their structural features, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence the crashworthiness of the system 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 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 the same chemistry, mechanical properties, and geometry as that submitted for review, and that it will meet the crashworthiness requirements of the Manual for Assessing Safety Hardware.
• To prevent misunderstanding by others, this letter of eligibility is designated as number B-233 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 finding of eligibility is limited to the crashworthiness characteristics of the candidate system, 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.
• The Delta Bloc Barriers 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.