400 Seventh St., S.W.
Washington, D.C. 20590

May 24, 2012

In Reply Refer To: HSST/WZ-318

Kenneth Parrott
Impact Recovery Systems, Inc.
4955 Stout Dr.
San Antonio, Texas  78219

Dear Ms. Bleau:

This letter is in response to your request for the Federal Highway Administration (FHWA) to review a roadside safety system for eligibility for reimbursement under the Federal-aid highway program.

           
Decision:
The following device is eligible, with details provided below and in the form which is attached as an integral part of this letter:

• Tuff Curb channelizing curb system.

Based on a review of crash test results submitted by the manufacturer certifying the device described herein meets the crash test and evaluation criteria of the American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH), the device is 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. 

The FHWA, the Department of Transportation, and the United States Government do not endorse products or services and the issuance of a reimbursement eligibility letter is not an endorsement of any product or service.

Requirements
To be found eligible for Federal-aid funding, roadside safety devices should meet the crash test and evaluation criteria contained in the American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH).  

Description
Tuff Curb® is a longitudinal channelizing curb system produced by Impact Recovery Systems, Inc.  Tuff Curb® is an injection molded high-density polyethylene curb made up of two halves, each measuring 12 inches wide by 3 ½ inches tall by 20 inches long.  The curb halves interlock and are connected with two 7/16-inch x 1 ½-inch bolts.  Each curb section measures 40 inches long and is anchored with two ½-inch x 4-inch concrete screw anchors or two 5/8-inch x 5-inch plastic sleeve anchors placed into the roadway.  The Tuff Curb® installation begins and ends with a nose end section that measures 12 inches wide by 3 ½ inches tall by 18 inches long at the mating end and is 1 ¾ inches tall at the exposed end.  Each section is anchored by three of the above described anchors.  Tubular delineators with or without attached signage are attached to the center section of the curb. It should be noted that all tests were conducted with vertical road tubes in place.

Eight crash tests were successfully conducted on January 19, 2011 at Texas Transportation Institute in accordance with MASH 3-90 and 3-91.  Four tests were conducted twice, once each with an 1100C small car and 2270P pickup truck.  These tests and their results were as follows:

1. Traversal of Curb at 25° – Pass – Vehicle stable and no compartment penetration or deformation.
2. Traversal of Vee - Pass – Vehicle stable and no compartment penetration or deformation
3. Traversal of Curb at 0° – Pass – Vehicle stable and no compartment penetration or deformation
4. Lane change maneuver across straight curb section – Pass – Vehicle stable and no compartment penetration or deformation.

Summary and Standard Provisions
Therefore, the system described above and detailed in the attached form is eligible for reimbursement and may be installed under the range of conditions tested.  Please note the following standard provisions that apply to FHWA eligibility letters:

• This finding of eligibility does not cover other structural features of the systems, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence system conformance with MASH will require a new reimbursement eligibility letter.
• Should the FHWA discover that the qualification testing was flawed, that in-service performance reveals safety problems, or that the system is significantly different from the version that was crash tested, we reserve the right to modify or revoke this letter.
• You are expected to supply potential users with sufficient information on design and installation requirements to ensure proper performance.
• You are expected to certify to potential users that the hardware furnished has the same chemistry, mechanical properties, and geometry as that submitted for review, and that it will meet the test and evaluation criteria of the MASH.
• To prevent misunderstanding by others, this letter of eligibility is designated as number WZ-318 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 FHWA does not become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.
• The Tuff Curb© is a patented product and considered proprietary.  If proprietary systems are specified by a highway agency for use on Federal-aid 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,

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

Enclosures