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                        Hardware Eligibility Letters


            
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                Safety Eligibility Letter WZ-346
  
  **Hardware Type:**
            Work Zone Devices
                          **Code:**
            WZ-346
                          **Date:**
            11/22/2016
                          **Testing Criteria:**
            MASH
                          **Manufacturer:**
            Custom-Pak Inc.
                          **Device Description:**
            Custom-Pak Delineator 42 Inch, With or Without Warning Light
                          **View PDF:**
            wz346.pdf (875.04 KB)
    
    "FHWA Logo"

1200 New Jersey Ave. S.E.
Washington, D.C. 20590

November 22, 2016

In Reply Refer To:
HSST-1/WZ-346

Mr. Mark Rutenbeck
Custom-Pak, Inc.
86 16th Avenue N
Clinton, Iowa 52732

Dear Mr. Rutenbeck:

This letter is in response to your June 1, 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 WZ-346 and is valid until a subsequent letter is issued by FHW A 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:

Custom-Pak Delineator 42 Inch, With or Without Warning Light**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). However, the FH WA, 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 perfom1ance of this device. Proper manufacturing, installation, and maintenance are required in order for ll1is device to function as tested.

This finding of eligibility is limited to the crashwortl1iness of the system and does not cover other structural features, nor conformity with the Manual on Unifom1 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 American Association of State Highway and Transportation Officials' Manual for Assessing Safety Hardware (MASH). Therefore, the device is eligible for reimbursement under the Federal-aid highway program if installed under the range of tested conditions.

Name of system:
			Custom-Pak Delineator 42 Inch, With or Without LightType of system:
			Work Zone DelineatorTest Level:
			MASH Test Level 3 (TL3)Testing conducted by:
			KARCO Inc.Date of request:
			June l, 2016, Corrected August 10, 2016Date initially acknowledged:
			June 15, 2016Date of completed package:
			November 17, 2016FHW A 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 FHW A, the manufacturer must notify FHW A 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.

Any user or agency relying on this eligibility letter is expected to use the same designs, specifications, drawings, installation and maintenance instructions as those submitted for review.

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 3 and evaluation criteria of the MASH.

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 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 WZ-346 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,

			"Michael Griffith signature"

			Michael S. Griffith
			Director, Office of Safety Technologies
			Office of Safety U.S. DEPARTMENT OF TRANSPORTATION

**Federal Highway Administration**

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

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