Safety Eligibility Letter WZ - 303

U.S. Department of Transportation
Federal Highway Administration
400 Seventh St., S.W.
Washington, D.C. 20590

November 30, 2011

In Reply Refer To: HSST/ WZ-303

Steve Zimar
Eastern Metal / USA Sign
1430 Sullivan Street
Elmira, New York 14901

Dear Mr. Zimar:

This letter is in response to your request for the Federal Highway Administration (FHWA) to review roadside safety devices for eligibility for reimbursement under the Federal-aid highway program.  We initially reviewed the devices shortly after receipt, and tentatively concurred in your request on April 18, 2011.

Name of system:	C-202 and C-902 sign stands with coil springs
Type of system:	X-footprint Compact sign stand
Test Level:	NCHRP Report 350 Test Level 3
Testing conducted by:	N/A
Date of request:	March 14, 2011
Date initially acknowledged:	April 18, 2011

You certify that the device described herein meets the crashworthiness criteria of the National Cooperative Highway Research Program Report 350.  Based on this testing you asked that we find the device eligible for reimbursement under the Federal-aid highway program.  Eligibility for reimbursement under the Federal-aid highway program does not establish approval or endorsement by the FHWA for any particular purpose or use.

Decision:
The following devices are eligible, with details provided below:

• C-202 and C-902 sign stands with leaf springs

Requirements
Roadside safety devices should meet the guidelines contained in the NCHRP Report 350 or the American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH).   The FHWA Memorandum "Identifying Acceptable Highway Safety Features"of July 25, 1997 provides further guidance on crash testing requirements of longitudinal barriers.

Description
FHWA Acceptance Letter WZ-13 dated June 3, 1999, included your C-302 and C-902 sign stands as crashworthy with roll-up signs.  The original stands supported the signs using leaf springs.  You requested the use of coil springs, which would not affect the overall size of the stand or mounting height of the sign.  As the modified stands would still qualify as "compact sign stands"we concur in your request.

Findings
The Eastern Metal / USA Sign C-302 and C-902 compact stands using coil springs described in this letter are considered eligible for reimbursement on Federal-aid highway projects.  They should be installed under the range of conditions that the original leaf-spring stands were tested, when such use is acceptable to a highway agency.

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

• This finding of eligibility is limited to the crashworthiness characteristics of the systems 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 system will require a new letter.
• Should the FHWA discover that the qualification testing was flawed, that in-service performance reveals unacceptable safety problems, or that the system being marketed is significantly different from the version that was crash tested, we reserve the right to modify or revoke this letter.
• 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 review, and that it will meet the crashworthiness requirements of the FHWA and the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of eligibility is designated as number WZ-303 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.
• This letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented system for which the applicant is not the patent holder.  The finding of eligibility is limited to the crashworthiness characteristics of the candidate 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.

The USA Sign / Eastern Metal signs are patented products and considered proprietary.  If proprietary systems are specified by a highway agency for use on Federal-aid projects, except exempt, non-NHS projects, (a) they 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.

Sincerely yours,

Signature of Mike S. Griffith

Michael S. Griffith
Director, Office of Safety Technologies
Office of Safety