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                Safety Eligibility Letter B-165
  
  **Hardware Type:**
            Longitudinal Barriers and Bridge Rails
                          **Code:**
            B-165
                          **Date:**
            06/03/2008
                          **Testing Criteria:**
            NCHRP 350
                          **Manufacturer:**
            Malcolm H. Ray
                          **Device Description:**
            MDS-4 and MDS-5 Steel Barriers
                          **View PDF:**
            b165.pdf (1.89 MB)
    
    Safety Eligibility Letter B-165


						
		DOT logoU.S. Department of Transportation**Federal Highway Administration**
			1200 New Jersey Ave. S.E.Washington, D.C. 20590
			In Reply Refer To: HSSD/B-165
			
			Malcolm  H. Ray, P.E., Ph.D.
            	MDS  LLC
                186  Staples Hill Road
            Canton,  ME 04221
            Dear Dr. Ray:
            This letter is in response to your request for Federal  Highway Administration (FHWA) acceptance of roadside safety systems for use on  the National Highway System (NHS).
            Name of  systems: **MDS-4** and **MDS-5**
            	Type of  systems: Steel longitudinal barriers/bridge railings
                Test Level: NCHRP Report 350 and MASH-08
                Testing  conducted by: German Federal Highway Research Institute (BASt)
                Date of  request: August 1, 2007
                Date of  follow-up: February 16, 2008
            You requested that we  find this system acceptable for use on the NHS under the provisions of National  Cooperative Highway Research Program (NCHRP) Report 350 “Recommended Procedures  for the Safety Performance Evaluation of Highway Features”.
            **Requirements**Longitudinal  barriers 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  requirements of longitudinal barriers. You have also chosen to anticipate the  adoption of MASH-08, an option that FHWA has offered with the understanding  that additional testing may need to be done if changes to the test criteria are  made before MASH-08 is formally adopted.
            **Product  description**The MDS-4 and MDS-5 are all-steel safety-shape  barriers. The barrier has a unique  sliding base assembly that is bolted directly to the bridge deck. The base plate is attached to the deck using  four deck anchor bolts that may either be drilled through the deck or epoxyed  into the deck depending on the deck design requirements. Six meter long (19.7 ft) 980-mm (38.6 in) high safety-shape panels made of 4 mm (0.1575 inch) thick  steel plate are attached to the sliding base and a circular steel tube top rail is mounted to the  top of the bridge panels.  During  an impact, the sliding base is activated in the impact area. This base design allows the panels to push  backwards in the impact area dissipating energy while also greatly minimizing  the forces experienced by the bridge deck.
            The safety-shape panels have dimensions that place  it between the conventional dimensions of the New Jersey shape and the F-shape.  The barrier is available in two varieties: a 1.240 m (4.1 ft) high system  suitable for NCHRP Report 350 Test Level 4 (TL-4) conditions, called the MDS-4,  and a 1.595 m (5.2 ft) high system suitable for NCHRP Report 350 Test Level 5  (TL-5) conditions, called the MDS-5. Both  versions of the MDS barrier can be used with or without optional noise barriers  that are attached to the rear face of the safety barrier. The noise barrier does not contribute to the  safety performance of the railing. Design  details of MDS-4 and MDS-5 are provided in Enclosure 1.
            **Testing**NCHRP  Report 350 requires that in order for longitudinal barriers to meet TL-4 or  TL-5 criteria they must successfully pass Tests 10 and 12 and Test 11 may be  optional. The NCHRP Report 350  recommends that the results of Test 12 be carefully examined prior to deciding  whether Test 11 is needed. Moreover, it  notes that satisfactory performance in Test 12 does not assure satisfactory  performance in Test 11.
          The MDS-4 and MDS-5  barriers were developed in Europe and underwent full crash testing to the  European criteria EN 1317. According to  the information you provided, all tests were successful (summary of test  results is presented in the enclosed tables numbered 2 through 5), however,  none of the tests you submitted for our review exactly matched the tests  recommended in NCHRP Report 350. In your  report you argued that the conducted tests show that: the MDS-4 barrier satisfies  both the NCHRP Report 350 and MASH-08 for TL-4 conditions; and that the MDS-5  barrier satisfies both the NCHRP Report 350 and MASH-08 for TL-5 conditions.  Specifically, you provided the following table comparing the test conditions to  the each of the above standards.
            Parameter
                    Report 350
                    MASH-08
                    EN1317Test
                	4-10/5-10
                  	4-10/5-10
       		  4TB-110Vehicle Type
                	Passenger Car
                    Passenger Car
                    Passenger CarVehicle Mass (kg)
                	820
                    1100
                    900Vehicle c.g. height (mm)
                	550
                    
                    490Impact Velocity (km/hr)
                	100
                    100
                    100Impact Angle (deg)
                	20
                    25
                    20Impact Severity (kJ)
                	37,007
                    75,797
                    40,617Test
                	4-12
                  	4-12
              		TB-51Vehicle Type
                	Single Unit Truck
                    Single Unit Truck
                    BusVehicle Mass (kg)
                	8,000
                    10,000
                    13,000Vehicle c.g. height (mm)
                	1,250
                  1,700
                    1,400Impact Velocity (km/hr)
                	80
                    90
                    70Impact Angle (deg)
                	15
                    15
                    20Impact Severity (kJ)
                	132,320
                    209,334
                    287,478Test
                	5-12
                  	5-12
              		TB-81Vehicle Type
                	Tractor Trailer
                    Tractor Trailer
                    Tractor TrailerVehicle Mass (kg)
                	36,000
                    36,000
                    38,000Vehicle c.g. height (mm)
                	Not specified
                  1,850
                    1,900Impact Velocity (km/hr)
                	80
                    80
                    65Impact Angle (deg)
                	15
                    15
                    20Impact Severity (kJ)
                	595,438
                    595,438
                    724,562Based  on the comparison of the test conditions, we concur that the results of EN 1317  tests TB-11  (passenger car) and TB-51 (bus) conducted on MDS-4 barrier are indicative of  the performance in Tests 4-10 and 4-12 of the NCHRP Report 350 and MASH-08. Likewise, it seems reasonable to accept the  results of EN 1317 Tests TB-11 and TB-81 conducted on MDS-5 barrier as  indicative of the performance of the barrier in Tests 5-10 and 5-12 of the  NCHRP Report 350 and MASH-08.
            However,  none of the tests conducted on MDS-4 and MDS-5 barriers are indicative of the  performance of the barrier with the pick-up truck in Tests 4-11 and 5-11. We concur that the shape of the barrier face  is within the range of previously tested safety shapes. However, in your initial submission the plates  forming the face of the barrier were of thinner sheet steel. We expressed our concern that rigid elements  of the pick-up truck’s suspension or wheel assembly could deform that steel and  result in a hard snag. We recommended an  increase in thickness of those steel plates to 4 mm and you agreed.
            Based  on the results of the conducted tests and their comparability to the tests  recommended by NCHRP 350 and MASH-08, we consider the MDS-4 and MDS-5 barriers  acceptable for use on the NHS as NCHRP 350 MASH-08 TL-4 and TL-5 barriers,  respectively, without a pickup truck test.  The above systems 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.
            Please  note that this acceptance is for MDS-4 and MDS-5 barriers proper and currently  there are no transitions to this barrier accepted to NCHRP 350 criteria. Until  crashworthy transitions can be designed and tested, an approach consisting of a  w- or thrie-beam transition to a concrete safety shape may be used, with the  MDS barriers anchored to the end of the concrete section Also, this acceptance  is based on the reported crash performance of the barrier and is not meant to  address its installation, maintenance or repair characteristics.
            Because  it is a steel product, the MDS-4 and MDS-5 barriers are subject to Section  635.410 (Buy America) of Title 23, U.S. Code of Federal Regulations, and cannot  be permanently incorporated into any federally funded project unless it is made  in the U.S. from U.S. steel.
            Because  MDS-4 and MDS-5 barriers are currently made in Europe and detailed drawings in  standard U.S. dimensions and nomenclature are not currently available, you will  be expected to certify to any users that the barrier provided for installation  is identical to that which was tested, particularly in regard to material  specifications and anchorage details.
            **Standard provisions**Please note the following standard provisions that apply to  FHWA letters of acceptance:
            This acceptance is limited to the  crashworthiness characteristics of the devices 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 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 described in this letter, we reserve 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  it will meet the crashworthiness requirements of the FHWA, NCHRP Report 350,  and the AASHTO MASH-08.
                To prevent misunderstanding by others, this  letter of acceptance is designated as number B-165 and shall not be reproduced  except in full. This letter, and the  test documentation upon which this letter is based, is public information. All such letters and documentation may be  reviewed at our office upon request.
                The  MDS-4 and MDS-5 barriers are patented  products and considered proprietary. If  proprietary devices are specified by a highway agency for use on Federal-aid  projects, except exempt, non-NHS projects, they: (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 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.
                This acceptance letter shall not be construed as  authorization or consent by the FHWA to use, manufacture, or sell any patented  device for which the applicant is not the patent holder. The acceptance letter is limited to the  crashworthiness characteristics of the candidate device, 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.Sincerely yours,
						Signature of David A. Nicol
						David A. Nicol, P.E.
							Director, Office of Safety Design
							Office of SafetyEnclosures
            See the B-165 PDF to view the following:
          MDS Bridge Railing Drawing
            	Table 2. Safety Evaluation Summary - Test Bast/2004 7D 33/HB (Report 350 4-10) of the MDS-4 Barrier.
                Table 3. Safety Evaluation Summary - Test Bast/2004 7D 34/HB (Report 350 4-12) of the MDS-4 Barrier.
                Table 4. Safety Evaluation Summary - Test BASt/2006 7D 03/HK (Report 350 5-10) of the MDS-5 Barrier.
            	Table 5. Safety Evaluation Summary - Test BASt/2006 7D 04/HK (Report 350 5-12) of the MDS-5 Barrier.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.
            **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

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