June 12, 2008

In Reply Refer To: HSSD/WZ-244

Mr. Chuck Mettler
Engineering Manager
Plastic Safety Systems, Inc.
2444 Baldwin Road
Cleveland, OH 44104

Dear Mr. Mettler:

This letter is in response to your request for Federal Highway Administration (FHWA) acceptance of modifications to your company’s various Type III barricade devices in one letter. These devices and their modifications had been found acceptable for use on the National Highway System (NHS) under the provisions of National Cooperative Highway Research Program (NCHRP) Report 350 “Recommended Procedures for the Safety Performance Evaluation of Highway Features.”

Plastic Safety Systems Type III (PSS Type III) barricades were found acceptable in the following FHWA acceptance letters:

Specific modifications include:

• WZ-152: Two anchor feet internally ballasted with up to 45 pounds per side. The anchor feet may now be modified with an extension allowing the anchor feet to be 60 inches long and ballasted with up to 60 pounds per side.
• WZ-61, WZ-152, and WZ-166: Two uprights either 3.38 inches by 3.38 inches square extruded HDPE, 1.75 inches by 1.75 inches square tube in 5 foot and 7 foot lengths, or "Mast" blow-molded uprights in 5 foot lengths.
• WZ-85 and WZ-173: Three plastic barricade boards 12 feet or smaller either extruded or blow molded “Wave” HDPE.
• WZ-166: The uprights on the 12 foot and 10 foot barricades may be mounted within 24 inches from the ends of the boards.
• WZ-166 amendment #1: Include barricade widths 8 feet and shorter on 7 feet tall uprights.
• WZ-85 and WZ-196: Added lightweight signs attached and up to 25 square feet.
• WZ-85 and WZ-233: Added lightweight warning lights attached to the backside of the uprights.

Findings
This letter consolidates the findings of earlier FHWA acceptance letters affecting PSS Type III barricades. The Type III barricades and modifications in the FHWA acceptance letters listed above are acceptable for use on the NHS under the range of conditions tested with or without one or two lightweight warning lights, when proposed by a State.

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

This acceptance is limited to the crashworthiness characteristics of the device 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/system 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 NCHR Report 350.
• To prevent misunderstanding by others, this letter of acceptance is designated as number WZ-244 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 Plastic Safety Systems, Inc. devices are patented products and considered proprietary. If proprietary devices/systems are specified by a highway agency 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 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/system for which the applicant is not the patent holder. The acceptance letter is limited to the crashworthiness characteristics of the candidate device/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.

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