April 1, 2003

Refer to: HSA-10/WZ-148

Mr. Larry Leahy
Xcessories Squared
P.O. Box 135
Auburn, Illinois  62615

Dear Mr. Leahy:

This is in response to your letter of January 14 requesting Federal Highway Administration (FHWA) acceptance of a modification to your company's Type III Barricades as crashworthy traffic control devices for use in work zones on the National Highway System (NHS).  Accompanying your letter were drawings of the modified barricade and a discussion of the changes. You requested that we find these devices acceptable for use on the NHS under the provisions of National Cooperative Highway Research Program (NCHRP) Report 350 “Recommended Procedures for the Safety Performance Evaluation of Highway Features.”  

Introduction                           

The FHWA guidance on crash testing of work zone traffic control devices is contained in two memoranda.  The first, dated July 25, 1997, titled “INFORMATION: Identifying Acceptable Highway Safety Features,” established four categories of work zone devices: Category I devices were those lightweight devices which could be self-certified by the vendor, Category II devices were other lightweight devices which needed individual crash testing, Category III devices were barriers and other fixed or massive devices also needing crash testing, and Category IV devices were trailer mounted lighted signs, arrow panels, etc.  The second guidance memorandum was issued on August 28, 1998, and is titled “INFORMATION: Crash Tested Work Zone Traffic Control Devices.”  This later memorandum lists devices that are acceptable under Categories I, II, and III.

Barricade descriptions:

Our letter to you WZ-51, dated September 8, 2000, summarized a number acceptable Type III barricades framed with perforated square steel tube elements.  One style of barricade uses gusset plates attached to either side of the skid.  The barricade's “uprights” are secured between these two gusset plates The X-Cessories Squared Shear Bolt Model TL132 employs rectangular gusset plates having two horizontal backing lugs, one on either side of a single 3/8 inch cross bolt in order to secure the plate to the bottom skid.  The TBB-3 model uses a trapezoidal plate with two 3/8 inch cross bolts for the same purpose.  You requested acceptance of the TBB-3, modified to the single bolt, double lug connection to the skid (as on the TL132 model.)  The revised shear pin barricade bracket is designated TBB3-C.

Findings                     

We concur that this minor change to the gusset plate connection will not significantly affect the performance of the barricade and, therefore, the barricade connection described above and detailed in the enclosed drawings is acceptable for use on the NHS under the range of conditions tested, when proposed by a State.

Please note the following standard provisions that apply to FHWA letters of acceptance:

• Our 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 FHWA and NCHRP Report 350.
  
  
• To prevent misunderstanding by others, this letter of acceptance, designated as number WZ-148 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.
  
  
• X-Cessories Squared barricades may contain patented or “proprietary” devices. The use of proprietary work zone traffic control devices in Federal-aid projects is generally of a temporary nature.  They are selected by the contractor for use as needed and removed upon completion of the project.  Under such conditions they can be presumed to meet requirement "a" given below for the use of proprietary products on Federal-aid projects.  On the other hand, if proprietary devices are specified 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 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, a copy of which is enclosed.
  
  
• This acceptance letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented device.  Patent issues are to be resolved by the applicant and the patent owner.

Sincerely yours,

Michael S. Griffith
Acting Director, Office of Safety Design
Office of Safety

Enclosures