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                Safety Eligibility Letter CC-129
  
  **Hardware Type:**
            Barrier Terminals and Crash Cushions
                          **Code:**
            CC-129
                          **Date:**
            10/03/2016
                          **Testing Criteria:**
            NCHRP 350
                          **Manufacturer:**
            Road Systems
                          **Device Description:**
            350 FLEAT Terminal with MASH FLEAT Impact Head
                          **View PDF:**
            cc129.pdf (598.49 KB)
    
    Safety Eligibility Letter CC-129
			**Download Version**PDF [5.48 MB]
			
	  DOT logoU.S. Department of Transportation**Federal Highway Administration**
            
           
            
	  1200 New Jersey Ave. S.E.Washington, D.C. 20590

	  October 3, 2016
In Reply Refer To:
  	  HSST-1/CC-129
	
			Mr. Kaddo Kothmann
			  Road Systems, Inc.
			  3616 Howard County Airport
		    Big Spring, Texas  79720
			Dear Mr. Kothmann:
			This letter is in response to your July 29, 2016 request  for the Federal Highway Administration (FHWA) to review a roadside safety  device, hardware, or system for eligibility for reimbursement under the  Federal-aid highway program. This FHWA  letter of eligibility is assigned FHWA control number CC-129 and is valid until  a subsequent letter is issued by FHWA that expressly references this device.
	  ***Decision***
      The following devices are eligible, with details provided  in the form which is attached as an integral part of this letter:
350 FLEAT Terminal with MASH FLEAT Impact Head***Scope of this  Letter***
            To be found eligible for Federal-aid funding, new 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) or the National Cooperative Highway  Research Program (NCHRP) Report 350. However, the FHWA, the Department of  Transportation, and the United States Government do not regulate the  manufacture of roadside safety devices. Eligibility  for reimbursement under the Federal-aid highway program does not establish  approval, certification or endorsement of the device for any particular purpose  or use.
      This letter  is not a determination by the FHWA, the Department of Transportation, or  the United States Government that a  vehicle crash involving the device will result in any particular outcome, nor  is it a guarantee of the in-service performance of this device. Proper  manufacturing, installation, and maintenance are required in order for this  device to function as tested.
            This finding of eligibility is limited to the  crashworthiness of the system and does not cover other structural features, nor  conformity with the Manual on Uniform Traffic Control Devices.
            ***Eligibility for  Reimbursement***
            Based solely on a review of crash test results and  certifications submitted by the manufacturer, and the crash test laboratory,  FHWA agrees that the device described herein meets the crash test and  evaluation criteria of the NCHRP Report 350. Therefore, the device is eligible for  reimbursement under the Federal-aid highway program if installed under the  range of tested conditions.

Name of  system:
               	  350 FLEAT Terminal with MASH FLEAT Impact HeadType of  system:
               	  Flared W-Beam Guardrail extruder terminalTest Level:
           	    NCHRP Report 350 Test Level 3 (TL3)Testing conducted by:
           	    KARCO, Inc.Date  of request:
               	  December 26, 2015, revised July 29, 2016Date initially acknowledged:
           	    December 31, 2015, and August 23, 2016Date of completed package:
               	  September 1, 2016FHWA concurs with the recommendation of the accredited crash  testing laboratory as stated within the attached form.
***Full Description  of the Eligible Device***
            The device and supporting documentation, including reports  of the crash tests or other testing done, videos of any crash testing, and/or  drawings of the device, are described in the attached form.
***Notice***
            If a  manufacturer makes any modification to any of their roadside safety hardware  that has an existing eligibility letter from FHWA, the manufacturer must notify  FHWA of such modification with a request for continued eligibility for  reimbursement. The notice of all  modifications to a device must be accompanied by:
Significant modifications – For these modifications, crash        test results must be submitted with accompanying documentation and        videos.
      Non-signification modifications – For these modifications, a        statement from the crash test laboratory on the potential effect of the        modification on the ability of the device to meet the relevant crash test        criteria.FHWA's determination of continued eligibility for the modified  hardware will be based on whether the modified hardware will continue to meet  the relevant crash test criteria.
      You are expected to supply potential users with sufficient  information on design, installation and maintenance 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 NCRHP Report 350
            
Issuance of this letter does not convey  property rights of any sort or any exclusive privilege. This letter is based on the premise that  information and reports submitted by you are accurate and correct. We reserve the right to modify or  revoke this letter if: (1) there are  any inaccuracies in the information submitted in support of your request  for this letter, (2) the qualification testing was flawed, (3) in-service  performance or other information reveals safety problems, (4) the system is  significantly different from the version that was crash tested, or (5) any  other information indicates that the letter was issued in error or otherwise  does not reflect full and complete information about the crashworthiness of the  system.
***Standard Provisions***
      To prevent       misunderstanding by others, this letter of eligibility designated as FHWA       control number CC-129 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 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.
                 If the subject device is a patented product it may be  considered to be 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,
            Signature of George E. Rice, Jr.
            Michael S. Griffith
              Director,  Office of Safety Technologies
              Office of SafetyEnclosures U.S. DEPARTMENT OF TRANSPORTATION

**Federal Highway Administration**

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WASHINGTON, DC 20590

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