November 19, 2002

Refer to: HSA-10/WZ-118

Mr. R. Scott Behm
National Sales Manager
Three D Traffic Works, Inc.
430 North Varney Street
Burbank, California  91502

Dear Mr. Behm:                                                           

Thank you for your letter of March 11, 2002, requesting Federal Highway Administration (FHWA) acceptance of your company's channelizing devices ascrashworthy traffic control devices for use in work zones on the National Highway System (NHS).  Accompanying your letter was product literature for these items.  You requested that we find the TD6000 VIP Vertical Indicator Panel and the TD6000 Ringtop Delineator Post and Ringtop Stackable Cone 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."  You also requested a modification to your company's

Type III barricade design that was originally found acceptable in our letter WZ-82 of September 14, 2001.  Action on the barricade was handled in Acceptance Letter WZ-128 dated July 12, 2002.

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.  A brief description of the devices follows:

The TD6000 VIP Vertical Indicator Panel is a Category 2 work zone traffic control device.  It is molded of Low Density Polyethylene and is available in two heights, 45 inches and 52 inches.

The weight of the 45 inch VIP is 5.5 pounds.  Either may be ballasted with recycled rubber bases weighing 10, 20, or 30 pounds.  The highest of these bases has a profile of 3.5 inches above the pavement.

The Rigtop Delineator Post and Ringtop Stackable Cone are Category 1 work zone traffic control devices and thus require no additional action by the FHWA for them to be acceptable for use on the NHS. Category 1 devices must be self-certified by the manufacturer that they meet crashworthiness requirements. More information on the self-certification of Category 1 devices may be found in our memorandum of  August 28, 1998. This memorandum may be seen from our web site: http://safety.fhwa.dot.gov/roadway_dept/policy_guide/road_hardware/policy_memo/ You may also find our Question and Answer page to be of help at: http://safety.fhwa.dot.gov/roadway_dept/policy_guide/road_hardware/qanda.cfm

If these devices are to be used with a warning light, flags or sign on top then they need to be crash tested.

Findings                                                                                 

The VIP Vertical Indicator Panel with rubber base is similar to a number of other vertical panel and cone devices.  We concur in your contention that it may be considered crashworthy with no additional testing and, therefore, the devices described above and shown in the enclosed drawings for reference are acceptable for use on the NHS under the range of conditions similar models were 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-118 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 VIP Vertical Indicator Panel 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 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.
  

Sincerely yours,

Carol H. Jacoby, P.E.
Director, Office of Safety Design            

Enclosure