Safety Eligibility Letter CC-47C

U.S. Department of Transportation
Federal Highway Administration

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

November 21, 2008

In Reply Refer To: HSSD/CC-47C

Mr. Barry D. Stephens, P.E.
Sr. Vice President Engineering
Energy Absorption Systems, Inc.
3617 Cincinnati Avenue
Rocklin, CA 95678

Dear Mr. Stephens:

This letter is in response to your October 22, 2008, request for the Federal Highway Administration (FHWA) acceptance of a roadside safety device for use on the National Highway System (NHS).

Although the FHWA found this system acceptable in our Acceptance Letter CC-47B dated February 6, 2004, some States have asked for clarification of our intent.

The TRITON Concrete End Treatment System is acceptable for use on the NHS with unanchored pin and loop concrete barrier segments of any length at locations where high speed (greater than 100km/hr) side impacts are unlikely, penetration behind the barrier is acceptable, and use of a redirecting impact attenuator is not feasible for reasons other than cost or convenience.

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, we reserve the right to modify or revoke our 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 it will meet the crashworthiness requirements of the FHWA and the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of acceptance is designated as number CC-47C 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.
• The TRITON systems 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, (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.
• 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.