March 21, 2007

Refer to: HSSD/WZ-227

Mr. Peter Speer
Davidson Traffic Control Products
Filtrona Extrusion, Inc.
3110 70th Avenue East
Tacoma, WA 98424

Dear Mr. Speer :

Thank you for your letter of September 23, 2005, requesting the Federal Highway Administration (FHWA) acceptance of a design modification that would combine two currently accepted systems as a crashworthy traffic control device for use in work zones on the National Highway System (NHS). The proposed design modification combines your company’s FG 300 UR post as described in our acceptance letter, WZ-193, dated November 2, 2004, to be mounted to the longitudinal channelizer Qwik Kurb system as previously accepted by our letter, WZ-109, dated April 9, 2002.

The proposed design modification involves coring an existing Qwik Kurb installation and attaching your FG 300 UR posts as shown on the enclosed drawing. You also submitted informal crash testing videos for our review in support of your request that we find the modified device acceptable for use on the NHS under the provisions of the National Cooperative Highway Research Program (NCHRP) Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features."

Based on our review we agree that the combination of the two previously accepted devices will not adversely affect crashworthiness and 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 the 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 anew 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 the FHWA and the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of acceptance, designated as number WZ-227, 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.
• The devices described above are patented and considered "proprietary." 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 by a highway agency for use on Federal-aid 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 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.

Sincerely yours,

/original signed by /

John R. Baxter, P.E.
Director, Office of Safety Design
Office of Safety