March 21, 2007

Refer to: HSSD/WZ-229

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 requesting the Federal Highway Administration (FHWA) acceptance of your company's Poly-Kade Type I and Type II barricades with plastic legs and panels as crashworthy traffic control devices for use in work zones on the National Highway System (NHS). You've requested we find the devices 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."

The Poly-Kade is a modular barricade comprised of the following components:

The components listed above are assembled into a complete barricade as described in the enclosed drawings. The legs and panels are made from UV stable, high density polyethylene. The barricade configurations consist of either an 8 or 12 inch top panel, and an 8 inch bottom panel, with an optional 4 or 6 inch panel at the bottom to provide for identification of the user agency.

In support of your request you reference our July 2000 acceptance letter (WZ-46) and our July 2004 acceptance letter (WZ-185); both were issued for similar parade style barricades. The barricades described above have been successfully crash tested. Your Poly-Kade barricade uses similar molded legs and polyethylene panels and is essentially equivalent to the barricades identified in acceptance letters WZ-46 and WZ-185. Therefore, your company's Poly-Kade parade style barricades will be acceptable for use on the NHS when proposed by a State. Please note that crash testing of your Poly-Kade with a warning light attached must be conducted and reviewed by the FHWA before acceptance is extended to include a warning light.

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 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 the FHWA and the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of acceptance, designated as number WZ-229, 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.
• Each Poly-Kade barricade device described above is 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