USA Banner
  U.S. flag
              An official website of the United States government Here's how you knowOfficial US Government Icon
              **Official websites use .gov**A **.gov** website belongs to an official government organization in the United States.
            Secure Site Icon
              **Secure .gov websites use HTTPS**
                  A **lock** ( A locked padlock ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
 U.S. Department of Transportation Icon United States Department of Transportation
 Search DOT
            Search
                    About FHWAFHWA Organization
                Headquarters Offices
                Field Offices
                Strategic Plan
                Business Opportunities
                Staff Directories
                Careers
                Highway History
                Contact UsProgramsAcquisition Management
                Civil Rights
                Federal Lands Highway
                Infrastructure
                Innovative Program Delivery
                Operations
                Planning, Environment, and Realty
                Policy
                Research, Development, and Technology
                Safety
                Browse by TopicsResourcesCore Highway Topics
                Federal Aid Essentials
                Automation
                Complete Streets
                Laws and Regulations
                Policy & Guidance Center
                Section 508
                Publications and Statistics
                Professional Development
                National Highway Institute
                Resource Center
                Accessibility Resource Library
                FHWA Research LibraryNewsroomPress Releases
                Speeches & Testimony
                Photos
                Videos
                Media ContactsMenu FHWA Highway Safety Programs Home
                        Safety
                        Roadway Departure Safety
                        Reduce Crash Severity
                        Hardware Eligibility Letters


            
            In This Section
        Roadway Departure Safety
                Strategic Approach
                                Strategic Plan
                Crash Emphasis Brochures
                Focused Approach
                Noteworthy Practices
                Partner Resources
                Keep Vehicles on the Road
                                Pavement Friction
                Horizontal Curve Safety
                Rumble Strips and Rumble Stripes
                Nighttime Visibility
                Provide for a Safe Recovery
                                SafetyEdge
                Clear Zones
                Reduce Crash Severity
                                Overview
                Hardware Eligibility Letters
                Focus on Reducing Rural Roadway Departures (FoRRRwD)
                                Overview
                All Public Roads
                Proven Countermeasures
                Systemic Approach
                Safety Action Plans
                FoRRRwD Resources
                
                Safety Eligibility Letter B-159
  
  **Hardware Type:**
            Longitudinal Barriers and Bridge Rails
                          **Code:**
            B-159
                          **Date:**
            05/08/2007
                          **Testing Criteria:**
            NCHRP 350
                          **Manufacturer:**
            Barrier Systems
                          **Device Description:**
            BarrierGuard 800 (Gate of Hwy. Care)
                          **View PDF:**
            b159.pdf (987.2 KB)
    
    HSSD/B-159


DOT logo
U.S. Department of Transportation
**Federal Highway Administration**
400 Seventh St., S.W.
Washington, D.C.  20590May 8, 2007
In Reply Refer To:  
HSSD/B-159

Mr.  Owen S. Denman, PE
President  and CEO
Barrier  Systems Inc.
180 River Road 
Rio Vista, CA 94571-1208
	
Dear Mr. Denman:
Thank  you for your letter of December 18, 2006, requesting the Federal Highway  Administration’s (FHWA) acceptance of the **BarrierGuardTM  800 (BG 800) – Gate of Highway Care, Ltd.** (a UK company) and Laura Metaal  Eygelshoven, BV, 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". Accompanying your letter  was a report on testing of your company's BarrierGuardTM  800 - Gate prepared by Safe Technologies Inc, test videos, drawings and  previously prepared crash test reports providing additional information and  background, including report on crash testing of regular BarrierGuardTM  800 system of October 2004.
**Requirements**
Longitudinal  barrier systems should meet the guidelines contained in the NCHRP Report 350,  "Recommended Procedures for the Safety Performance Evaluation of Highway  Features". FHWA Memorandum “Action:  Identifying Acceptable Highway Safety Features” of 
  July  25, 1997 provides further guidance on crash testing of longitudinal barriers.
**Product  description**
  The previously approved BarrierGuardTM  800 system (acceptance letter HSA-10/B131) is high containment and low  deflection steel barrier designed for both permanent applications and temporary  use in roadwork situations, preventing penetration of errant vehicles into  working areas.
BarrierGuardTM  800 – Gate is designed to be used with regular application of BarrierGuardTM 800 system. In its basic design the gate is a 6 m (20 ft) barrier section that can be  unpinned and swung open from either end to allow vehicle or pedestrian passage.  6 m (20 ft) gate is positioned between two 6 m (20ft) “gate post” connecting  sections, making the total length of the basic gate system 18 m (60 ft). Larger gate sections, in 6 meter (20 ft)  increments are available. Standard 
  6 m or 12 m (20 ft or 40 ft) sections of BG 800 can  be inserted into the center section of the gate (i.e. at the splice point). The limitation on gate length is based on  handling the mass of the section and the equipment available to open and close  the system. This limit will be in excess  of 12 m (40 ft).
The gate and adjacent sections are fitted with a  T-top attachment to aid in the redirection and stability of the vehicle after  impact. The T-top attachment measures  473mm (15 5/8”) wide and is 121 mm (4 3/4”) tall and shall begin minimum 12 m  (40 ft) prior to the gate and extend past the gate a minimum of 12 m (40 ft). The  beginning and ending of the T-top has a transition attachment element extending  additional 1.5 m (4.9 ft). The purpose  of this element is to ensure that there is no snag potential on either end of  the T-top.
Drawings of the BarrierGuardTM 800 - Gate are provided in Enclosure  1.
**Test article installation**
  The system assembly that was tested consisted  of different types of barrier sections: 12 m 
  (40 ft) end anchor sections, 12 m (40 ft)  midsections, 6 m (20 ft) “gate post” connecting sections and the 6 m (20 ft)  gate section. The total installation  length of the barrier was 78 m (256 ft). The 6 m (20 ft) gate was positioned between  two 6 m (20 ft) “gate post” connecting sections, making the total length of the  gate system 18 m (60 ft). The 6 m  (20 ft) length of the gate  section was selected for testing as it is the stiffest section and therefore  provides the largest differential stiffness compared to standard runs of  BarrierGuardTM 800. The  critical impact point was selected to maximize the loading and snagging  potential of the transition between the standard BG800 section and the gate  section. Based on previous testing with  the BG800, it was determined that this point would be approximately 4 m (13 ft)  upstream from the upstream hinge point of the gate.
This  installation used two different types of end anchors: asphalt anchors (upstream  end) and soil anchors (downstream end). At  either end of the barrier there were two sets of anchors, one set at the very  end and one set located 6 meters (20ft) inboard from the ends.
The test article configuration and layout, including  points of intersection and impact, are summarized in the drawing provided in  Enclosure 1.
**Testing**
  Since  the profile and section properties of the standard BarrierGuardTM  800 system had already been validated in previous tests, and since the gate  section is stiffer than the standard section, you determined that the  “transition” test (3-21) would be more appropriate to evaluate the performance  of the gate section under direct impact conditions, to evaluate the strength of  the connection between barrier sections and the gate and to evaluate the  functionality of the gate after such an impact.
The  NCHRP Report 350 requires that in order for transitions of longitudinal  barriers to meet NCHRP Report 350 test level 3 (TL-3) criteria they must  successfully pass tests 3-20 and 3-21 while test S3-20 is optional. However, since your company’s BarrierGuardTM  800 system was fully tested and approved before (acceptance letter  HSA-10/B-131), you ran only test 3-21 on the BarrierGuardTM 800 –  Gate.
Taking  into account that previous 3-10 comparable crash tests on regular BarrierGuardTM  800 system recorded occupant impact velocities and ridedown accelerations well  below the maximum limits (6 m/s and 9.6 g, respectively), I agree that test  3-20 on the BarrierGuardTM 800  - Gate system would be redundant and can be waived.
The  full-scale NCHRP Report 350 Test 3-21 conducted on your company’s BarrierGuardTM 
  800 -  Gate involved a 2000P vehicle impacting the device at 97.9 km/h and 25.0 degree  angle, at the point 4 meters (13 ft) upstream from the upstream hinge point of  the gate. The vehicle was redirected  along the length of the barrier with the exit angle essentially parallel to the  downstream barrier.
The  impacted section and the downstream sections of the barrier received minor to  moderate damage. The gate section was  dented in the impact area, but did not separate or tear. The upstream and downstream barrier end  section anchors did not lift or significantly damage the asphalt. There was no debris expelled from the barrier.  The maximum lateral dynamic deflection  was 1162 mm (46”) and the maximum permanent deflection of the test article was  1073 mm (42”). The gate remained  functional after the test.
All  occupant risk factors were within the limits specified in the NCHRP Report 350.  The theoretical occupant impact velocity  values in the longitudinal and lateral directions were 5.2 m/s and 4.9 m/s  respectively and the theoretical occupant ridedown acceleration values in the  longitudinal and lateral directions were 6.1 g and 7.5 g respectively. Summary of test results is provided in  Enclosure 2.
Minimum deflection modifications of regular  BarrierGuardTM 800 are currently available. However, as you  indicated during our review process, the BarrierGuardTM 800 -  Gate is intended to be used with regular application of BarrierGuardTM  800 system (without intermediate anchors) only. However, intermediate anchoring may be used  upstream or downstream of the gate system using proper T-top and anchoring  transitions as recommended in the BarrierGuardTM 800 – Minimum Deflection System  acceptance letter, B-158.
In summary I agree  that BarrierGuardTM 800 - Gate, as described above, meets the appropriate  evaluation criteria for NCHRP 350 TL-3 longitudinal barriers and may be used at  all appropriate locations on the NHS when selected by the contracting  authority, subject to the provisions of Title 23, Code of Federal Regulations,  Section 635.411 as they pertain to proprietary products. It can be used with regular application of  BarrierGuardTM 800 or, when properly transitioned, with the Minimum  Deflection System. This acceptance is based on the reported  crash performance of the BarrierGuardTM 800 - Gate. Further,  I am assuming that production models will be identical to the prototype test  units.
**Standard provisions**
  Please  note the following standard provisions that apply to the FHWA letters of  acceptance:
Our acceptance is limited to the crashworthiness  characteristics of the 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 the FHWA  and the NCHRP Report 350.
  To prevent misunderstanding by others, this  letter of acceptance, designated as number B-159 shall not be reproduced  except in full. As this letter and the  documentation which 
  support it become public  information, it will be available for inspection at our office by 
  interested parties.
  The BarrierGuardTM 800 - Gate is a patent pending device and is  considered "proprietary". The use of proprietary devices  specified on Federal-aid projects, except exempt, non-NHS 
  projects: (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.
  Since BarrierGuardTM 800 - Gate is a  steel product, the provisions of Title 23, Code of Federal Regulations Section  635.410 (a copy of which is enclosed) are applicable. Note that 
  the “Buy America” provisions  apply only to steel products that are permanently incorporated 
  into highway projects, not to  temporary barriers used only during construction or maintenance operations.Sincerely yours,
			Signature of George E. Rice, Jr.
			George E.  Rice, Jr.
Acting  Director, Office of Safety Design
Office  of SafetyEnclosures
T-Top Gate Locking BG800
T-Top 12m BG800
T-Top Transition Dtail Assembly
Barrier Guard 800 Gate Test Placement
Summary of Test Results and Conditions

**Title 23, Code of Federal Regulations****§ 635.410   Buy America  requirements.**
(a) The provisions of this  section shall prevail and be given precedence over any requirements of this  subpart which are contrary to this section. However, nothing in this section  shall be construed to be contrary to the requirements of §635.409(a) of this  subpart.
(b) No Federal-aid highway  construction project is to be authorized for advertisement or otherwise  authorized to proceed unless at least one of the following requirements is met:
(1) The project either: (i)  Includes no permanently incorporated steel or iron materials, or (ii) if steel  or iron materials are to be used, all manufacturing processes, including  application of a coating, for these materials must occur in the United States.  Coating includes all processes which protect or enhance the value of the  material to which the coating is applied.
(2) The State has standard  contract provisions that require the use of domestic materials and products,  including steel and iron materials, to the same or greater extent as the  provisions set forth in this section.
(3) The State elects to  include alternate bid provisions for foreign and domestic steel and iron  materials which comply with the following requirements. Any procedure for  obtaining alternate bids based on furnishing foreign steel and iron materials  which is acceptable to the Division Administrator may be used. The contract  provisions must (i) require all bidders to submit a bid based on furnishing  domestic steel and iron materials, and (ii) clearly state that the contract  will be awarded to the bidder who submits the lowest total bid based on  furnishing domestic steel and iron materials unless such total bid exceeds the  lowest total bid based on furnishing foreign steel and iron materials by more  than 25 percent.
(4) When steel and iron  materials are used in a project, the requirements of this section do not  prevent a minimal use of foreign steel and iron materials, if the cost of such  materials used does not exceed one-tenth of one percent (0.1 percent) of the  total contract cost or $2,500, whichever is greater. For purposes of this  paragraph, the cost is that shown to be the value of the steel and iron  products as they are delivered to the project.
(c)(1) A State may request a  waiver of the provisions of this section if;
(i) The application of those  provisions would be inconsistent with the public interest; or
(ii) Steel and iron  materials/products are not produced in the United States in sufficient and  reasonably available quantities which are of a satisfactory quality.
(2) A request for waiver,  accompanied by supporting information, must be submitted in writing to the  Regional Federal Highway Administrator (RFHWA) through the FHWA Division  Administrator. A request must be submitted sufficiently in advance of the need  for the waiver in order to allow time for proper review and action on the  request. The RFHWA will have approval authority on the request.
(3) Requests for waivers may  be made for specific projects, or for certain materials or products in specific  geographic areas, or for combinations of both, depending on the circumstances.
(4) The denial of the request  by the RFHWA may be appealed by the State to the Federal Highway Administrator  (Administrator), whose action on the request shall be considered  administratively final.
(5) A request for a waiver  which involves nationwide public interest or availability issues or more than  one FHWA region may be submitted by the RFHWA to the Administrator for action.
(6) A request for waiver and  an appeal from a denial of a request must include facts and justification to  support the granting of the waiver. The FHWA response to a request or appeal  will be in writing and made available to the public upon request. Any request  for a nationwide waiver and FHWA's action on such a request may be published in  the Federal Register for public comment.
(7) In determining whether  the waivers described in paragraph (c)(1) of this section will be granted, the  FHWA will consider all appropriate factors including, but not limited to, cost,  administrative burden, and delay that would be imposed if the provision were  not waived.
(d) Standard State  and Federal-aid contract procedures may be used to assure compliance with the  requirements of this section.
**Title 23, Code of Federal Regulations****§ 635.411   Material or product  selection.**
(a) Federal funds shall not  participate, directly or indirectly, in payment for any premium or royalty on  any patented or proprietary material, specification, or process specifically  set forth in the plans and specifications for a project, unless:
(1) Such patented or  proprietary item is purchased or obtained through competitive bidding with  equally suitable unpatented items; or
(2) The State transportation  department certifies either that such patented or proprietary item is essential  for synchronization with existing highway facilities, or that no equally  suitable alternate exists; or
(3) Such patented or  proprietary item is used for research or for a distinctive type of construction  on relatively short sections of road for experimental purposes.
(b) When there is available  for purchase more than one nonpatented, nonproprietary material, semifinished  or finished article or product that will fulfill the requirements for an item  of work of a project and these available materials or products are judged to be  of satisfactory quality and equally acceptable on the basis of engineering  analysis and the anticipated prices for the related item(s) of work are  estimated to be approximately the same, the PS&E for the project shall  either contain or include by reference the specifications for each such  material or product that is considered acceptable for incorporation in the  work. If the State transportation department wishes to substitute some other  acceptable material or product for the material or product designated by the  successful bidder or bid as the lowest alternate, and such substitution results  in an increase in costs, there will not be Federal-aid participation in any  increase in costs.
(c) A State transportation  department may require a specific material or product when there are other  acceptable materials and products, when such specific choice is approved by the  Division Administrator as being in the public interest. When the Division  Administrator's approval is not obtained, the item will be nonparticipating  unless bidding procedures are used that establish the unit price of each  acceptable alternative. In this case Federal-aid participation will be based on  the lowest price so established.
(d) Appendix A sets forth the  FHWA requirements regarding (1) the specification of alternative types of  culvert pipes, and (2) the number and types of such alternatives which must be  set forth in the specifications for various types of drainage installations.
(e) Reference in  specifications and on plans to single trade name materials will not be approved  on Federal-aid contracts.
(f) In the case of a  design-build project, the following requirements apply: Federal funds shall not  participate, directly or indirectly, in payment for any premium or royalty on  any patented or proprietary material, specification, or process specifically  set forth in the Request for Proposals document unless the conditions of  paragraph (a) of this section are applicable.
[41 FR 36204, Aug. 27, 1976,  as amended at 67 FR 75926, Dec. 10, 2002] U.S. DEPARTMENT OF TRANSPORTATION

**Federal Highway Administration**

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

202-366-4000Subscribe to email updates
                    About
  

        
              About FHWA
                Careers
                Org Chart
                Staff Directories
                Work with UsPrograms
  

        
              Acquisition Management
                Civil Rights
                Federal Lands Highway
                Infrastructure
                Innovative Program Delivery
                Operations
                Planning, Environment, and Realty
                Policy
                Research, Development, and Technology
                SafetyPolicies, Rights, Legal
  

        
              About DOT
                Accessibility
                Budget and Performance
                Civil Rights
                FOIA
                Information Quality
                No FEAR Act
                Office of Inspector General
                Privacy Policy
                USA.gov
                Web Policies and Notices
                Web StandardsNews & Events
  

        
              Newsroom
                Press Releases
                Speeches & Testimony
                Media Contacts
                Connect with Us