US.Deportment Memorandum 

of Transportation 

Federal Highway 

Administration 

Subject: INFORMATION: Federa l-aid 

Reimbursement Eligibility Process For 

Safety Hardware Devices 

Michael S. Griffith ~ ) . 

Director. Office of Safety Technologies 

Dale: November 12, 20 15 

From: In Reply Refer To: 

llSST 

To: Division Administrators 

Directors of Field Services 

Federal Lands Highway Division Engineers 

Pur pose 

The purpose of this memorandum is lo share information on two impo11ant changes 

pertaining to the Federal-aid reimbursement eligibility process for roadside safety 

hardware and a speci fie action resulling from one of the changes. The information pertains 

to: I) a policy change related to hardware modifications made to devices tested 10 

National Cooperative Highway Research Program Report 350 (NCI IRP 350) guidelines. 

2) a revision to our Federal-aid reimbursement eligibility process for safety hardware 

devices, and 3) an action resulting from the revised eligibility process related to devices 

tested to Manual for Assessing Safely Hardware (MASl I) guide I ines. 

Info rma tion 

Policy change fo r ha r dwa re modifications for devices tested to NCHRP 350 

guidelines 

In 2009. the American Association of State I lighway and Transportation Officials 

(AASHTO) published MASH. Since January 1. 20 11 , FHW A has required that all new 

roadside safety hardware for which a Federal-aid reimbursement eligibility letter is sought 

be tested to MASH criteri a. For non-significant modifi cations to hardware originall y 

tested to NCHRP 350 criteria. f- HWA has dctennined Federal-aid eligibility based on 

analyzing the changes relative to the NCHRP 350 criteria, and has not required new 

MASI I crash testing. 

In an effort to encourage installation of MAS I I crash tested devices. after December 31. 

20 15. FH\V A \\ill not accept requests for Federal-aid eligibility determinations for any 

modification based on previous crash testing performed using NCHRP 350 criteria. All 

modifications to an NCI IRP 350-tested device will require testing under MASH in order 

to receive a Federal-aid reimbursement eligibility letter from r 1 I W J\. 
2 

f 

Going forward. modifications to NCHRP 350-tested devices that have. in the past. been 

based on engineering analysis, finite element modeling, or through other analysis will no 

longer receive FH\V A eligibility letters. The Federal Register notice announcing this new 

policy can be found on our website. 

Revision to the Fed eral-aid reimburs ement eligibility process 

As part orthe agency"s review to evaluate and improve the eligibility process, FHWA has 

revised the Federal-aid reimbursement eligibility process for safety hardware devices. The 

revised process includes many improvements to enhance the quality of the infonnation 

Fl IW A receives and increase the transparency of our process. l encourage you to look at 

the revised process and review the highlights of the changes in FHWA ·s November 12. 

20 15 open letter to all in the highway safety hardware and roadside design community. 

One change to our process wan-ants particul ar attention. as it has led to a specific action. 

The revised process reads 

MASH states 

"An FHWA letter that states a device is eligible for f-'edcral-aid 

reimbursement may list issues identified by the testing criteria 

as reportable even if existence or the issue docs not represent a 

fa ilure of the test.·· 

.. Although not a specific factor in assessing test results. 

integrity of the test vehi cte·s fue l tank is a potential concern. It 

is preferable that the fuel tank remains intact and not be 

punctured. Damage to, or rupture of. the fuel tank. oil pan, or 

other features that might serve as a surrogate or the fuel tank 

should be reported:· 

To be fully transparent, the Office of Safety wi II now document in the Federal-aid 

reimbursement eligibility letters any infomiation from the related crash test reports of 

damage to the fuel tank, oil pan, or other features that might serve as a surrogate of the 

fuel tank. 

Action taken for letters related to MASH crash tested devices 

Through our recent review of all eligibility letters related to MAS 11 crash tested devices, 

the following letters have been reissued with new language added since fuel tank (or 

surrogate) damage was reported in one or more crash tests: 

1) Letter CC-I 008 : Trinity Slotted Rail Terminal (SRT) 

2) Letter CC- 115: Trinity SOFT-STOP Terminal (also called Verticall y Loading 

Terminal) 

Please note these devices are still eligible fo r f-'ederal-aid reimbursement. 
These revised letters are attached and can be found at our website 

http://salcty.lhwa.dol.gov/roadway dept/policy guide/road hardware/ where we post all 

Federal-aid reimbursement eligibility letters. 

Division Offices should inform state trnnsportation agencies about these changes to the 

Federal-aid reimbursement eligibility process for roadside safety hardware and the action 

resulting from the changes. 

3 

If you have any questions or comments, please contact Michael Grirlith at (202) 366-9469 

or Brian Fouch at (202) 366-0744. 

Attachments 

cc: SAFETYFIELD 
U.S. Deporlmcnl 

cf Tr0'1!porlolicf1 

Federal Highway 

Administration 

~Ir. Brinn Smith 

Trinity I ligh\\'ay Products. LLC 

2525 North S11.:m111ons Free\\'a) 

Dallas. Te:-:ns 7 5207 

Dear i\ Ir. Smith: 

N(m.:rnhcr 12. 20 15 

1200 New Jersey Ave , SE 

Washington.DC 20590 

In Reply Refer To: 

llSST/CC-11 5 

·1 his kncr updatl!s eligibility 11.!llCr CC-1 15 issued 011 Dccl.!mbl.!r I 9. 20 I I in response to your 

request for the Fcdcr:il I ligll\\'ay 1\dministrntion (1·11\\'A) to n.:,·ic" a roadside sa fct~ system for 

digibilit) for reimbursement under the Fede ral-aid higlmay program. 

Name or system: 

Type or system: 

Test Level: 

Tt:sting conducted by: 

Task Force I 3 Designator: 

Date of' request: 

Datt.: initiall y ackno\\'leclgcd: 

Date of' completed package: 

I rinit) SCWl -S l'OP Terminal 

\\1-lkam Ciuardrail Terminal 

i\11\Sll ·1 est Le\ d 3 (TL-3) 

Texas Tm nsportat ion I nsl i tu te 

SE\\'22 

September 3. 20 I 0 

Seplcmht.:r 30. 20 I 0 

September 3. 20 I 0 

Based on a review or crash test results suhmitled b) the mamili1cturer cen i fying the devi ce 

described herein meets the crash worthiness cri tcria of' the American Association of State 

11 ighwny and Transportation Orli cials (1\ ASI ITO) ··~ lanual for Assessing Sa!Cty Hardware .. 

(MASI I). the device is eligible for reimbursement under the Federal-aid highway program. 

i\IASI I states .. Although not a specilic factor in assessing test results. integrity of a test vehicle's 

fuel tank is a potential concern. It is preferable that the ruel tank remains intact and not be 

punctured. Damage to or rupture or the rul.!I tank. oi I pan. or other feature that might serve as a 

surrogate or the fuel tank should be reported.'' One test repo11 that accompanied the request for 

Federal-aid reimbursement eligibility (titkd i\/ASI/ '/EST 3-3 I on !he /'ertically Loading 

Terminal) indicatl.!d .. A small cut was noted in the rud tank:· A second test report that 

accompanied the request (titled i\l..JS// T!:'ST J-J5 on the / 'ertic:olly Loading Terminal) indicated 

.. there was a vcr) small puncturt.: in the gas 1a11i..:· Eligibility for reimbursement under the 

Federal-aid high\\'ay program docs not establish appn)\'al or endorsement by 171 I\\' A for any 

pan icu lar purpose or ust.:. 
The FHWA, the Depanment 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 

Decision: 

The following device was found eligible, with details provided below: 

• Trinity SOFT-STOP guardrail terminal. 

Requirements 

Roadside safety devices should meet the guidelines contained in the American Association of 

State Highway and Transportation Officials' Manual for Assessing Safety Hardware. The 

FHWA memorandum "Identifying Acceptable Highway Safety Features .. of July 25, 1997, and 

the FHW Al AASHTO MASH Implementation Plan provide further guidance on roadside 

hardware design. 

Description and Crash Testing 

Your letter of September 3, 2010, enclosed for reference, describes the Trinity SOFT-STOP in 

detail. Your letter also detailed the crash test matrix that was evaluated for the device. The 

MASH tests 3-30, 3-31, 3-32, 3-33, 3-34, 3-35, and 3-37) were conducted in reasonably close 

conformity with the guidelines. The test data summary sheets from the individual crash test 

reports are enclosed for reference. 

We concur that MASH test 3-36 may be waived because the SOFT -STOP will not be connected 

to any stiffer device than W-beam guardrail, and test 3-35 showed that the performance of the 

system when impacted at an angle by the 2270P was satisfactory. We concur that the 

substitution of the 1 IOOC vehicle to evaluate the reverse direction impact was appropriate. We 

concur that test 3-38 is not necessary because the SOFT-STOP is not a staged device and that 

your calculations predict crashworthy performance with the J 500A vehicle. 

Findings 

Therefore, the system described and detailed in the enclosed letter is eligible for reimbursement 

and should be installed under the range of conditions tested, when such use is acceptable to a 

highway agency. 

Please note the following standard provisions that apply to FHWA eligibility letters: 

• This finding of eligibility is limited to the crash worthiness characteristics of the systems 

and does not cover their structural features, nor conformity with the Manual on Uniform 

Traffic Control Devices. 

2 

• Any changes that may adversely influence the crashworthiness of the system will require 

a new letter. 

• Should the FHWA discover that the qualification testing was flawed, that in-service 

performance reveals unacceptable safety problems, or that the system being marketed is 

significantly different from the version that was crash tested, we reserve the right to 

modify or revoke this letter. 

• You will be expected to supply potential users with sufficient information on design and 

installation requirements to ensure proper performance. 
You ''ill bc expectcd to certify to potenti al users thnt thc hnrd\\'arc furnished has 

essentially the same chemistry. mechanical properties. and gco mctr~ as that submitted for 

re,·ie\\. and thnt it will mcct the crash\\t11thi11cs-. 1~quin.:111c11ts of th~ n I\\".·\ and th~ 

M1\ SI I. 

To pn..!\"Cllt misundcrstanding b) others. this lctter or cligihilit) is designated as number 

CC-115 and shal l not be reproduced except in full. ·1 his h.:tter and the test documentation 

upon which it is based arc public information. Al l such h.:11ers and documentation mny bt.: 

reviewed at our offi ce upon request. 

Thc Trinity SOFT-STOP tcm1inal is a patcntt.:d product and considcrt.:d proprietary. tr 

proprietary systems arc spcci lied by a higll\\ ay agt.:ncy for usc on Fcdernl-aid projects. (a) 

they must be supplied through competitive hidtling with equally suitable unpntentcd 

items: (b) the highway agency must cert ii) that tht.:y arc cssential for synchronization 

with the existi ng highway facilities or that no equally suitablc altcrnntive exists: or (c) 

thc) must be used for research or for a distinct h c t) pt: or construction on rdati,·cly short 

sections or road for c:-;perimcntal purpost.:s. 

Our regulations concerning proprit.:tar) products arc contained in Title 23. Code or 

Federal Rcgulmions. Section 6J5A 11. 

This le11cr shall not be construed as authori1ation or consent h) the Fl l\\"f\ 10 use. 

manufac ture. or sell an) patented s~ stem for" hich the appl icanl is not the patent holder. 

The finding or eligibi lity is limited to thl! crasl\\\01thincss characteristics of the candidate 

systt.:m. and the Fl l \\.A is neither prepared nor required 10 become in\'Oh·cd in issues 

conct.:ming patent law. Patent issues. i r :my. arc to he rt.:snh·cd b~ the applicant. 

inct.:r~: I) )Ours. 

Michal!! S. Grirtith 

Oircctor. Olfo;c or Safety Technologies 

Ortice or Safety 
US. Dcporlmcnl 

ot lim.<po•loli'Yl 

Federal Highway 

Administration 

r. Brinn Smith 

·1 rinity I lighwny Prod ucts. LLC 

2525 North Stcmmons Frcl.:way 

Dallas. Texas 75207 

Dear t-.fr. Smith: 

No\e1nber 12. 20 15 

1200 New Jersey Ave., SE 

Washington. 0 C 20590 

In Reply Reier ·1 o: 

I ISST/CC'-10013 

·1 his letter updates eligibility lcucr CC- 10013 issued on Dt:<.:cmbt.:r 5. :w 12 in response to) our 

n.:quest for the Federal I lighway Administration (Fl l\\'1\ ) to re,·ic\\ a roadside sall:ty system for 

el igibility fo r rcimburscmelll umkr the Fc(kntl-uid highway program. 

N a1111.: o f system: Slow.:d Rail Tcnnina l (SRT) l'\11\SI I 

T)pe of system: Tcm1i nal 1:nd Section 

Tt.:st Level: MASI I Test Level 3 (TL-J) 

Testing conducted by: Texas Transportation Institute 

Tnsk Force 13 Designator: SE\\' 12c 

Date or request: September 28. 2012 

Dme initially acknowledged: September 28. 20 12 

Date or completed package: Oc.:tobt.:r 16. :w 12 

Decision 

Thl! fo llowing device is eligible. with detai ls provided: 

• Slollcd Rail Tcnninnl (SRT) M ASI I 

Based on a re\'icw or crash test results submitted h) the manufac tun.:r ccrti t) i ng the dc\'ice 

described herein meets the crnsh test and evnluntion criteria of the American Association of' State 

I lighwny and Transportation Orti cials (AASI ITO) ··i\tnnual for Assessing Safety I lnrd\\'arc .. 

(i\IASH). the de,·icc is el igible fo r rcimbursc111e1ll undcr the Federal-aid high\\'a)' program. 

Fl I\\' A is not rc\'ising the earlier cl igibilit) determinations. but is updating this lcucr to address 

the statement in tvlASI I thal .. Although not a specific lilctor in assessing test results. integrity or 

a test ,·ehiclc·s rucl tank is n potential c.:om:cm. It is prd 'C..:rablc that thl! fuel tank remains intact 

:rnt.J not be punctured. Damage to or ru pture of the fuel tank. oil pan. or other feature that might 

serve ns n surrogate or the fuel tank should be reported: · This lcucr is updated to note that a test 

report that accompani ed your request for Federal-aid reimbursement eligibili ty (titled MASI/ 

T/£5-:T 3-JO 011 rl1e SRT-i\l..tS/f) indicated that there \\'as ··a hole in the oil pan: · ib ilit y for 

reimburscmcnt under the Federa l-aid higl\\\ay program docs not establish approval or 

endorsement by the Fl I \\I A fo r any particular purpose or use. 
The FHW A, 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 MASH. 

Description 

The device and supporting documentation are described in the attached fonn. 

Summary and Standard Provisions 

Therefore, the system described and detailed in the attached fonn is eligible for reimbursement 

and may be installed under the range of conditions previously tested. 

Please note the following standard provisions that apply to FHWA eligibility letters: 

• This letter provides a AASHTO/ ARTBA/ AGC Task Force 13 designator that should be 

used for the purpose of the creation of a new and/or the update of existing Task Force 13 

drawing for posting on the on-line 'Guide to Standardized Highway Barrier Hardware' 

currently referenced in AASHTO Roadside Design Guide. 

• This finding of eligibility does not cover other structural features of the systems, nor 

confonnity with the Manual on Unifonn Traffic Control Devices. 

• Any changes that may influence system confonnance with MASH criteria will require a 

new reimbursement eligibility letter. 

2 

• Should the FHWA discover that the qualification testing was flawed, that in-service 

perfonnance 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 infonnation 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 crash test and evaluation criteria of the MASH. 

• To prevent misunderstanding by others, this letter of eligibility is designated as number 

CC-1008 and shall not be reproduced except in full. This letter and the test 

documentation upon which it is based are public infonnation. All such letters and 

documentation may be reviewed at our office upon request. 
• This lc1tcr shall no! be co11s1rucd as authorization or consent by the Fl I \VA to us1.:. 

manufocturc. or sell any patented system for \\hich the applicant is not the patent holder. 

The Fl !WA docs not become in\'oln:d in issues concerning patcnt l<m . Patent issu1.:s. it' 

an). arc 10 bl: n.:soh1.:d h) the applicJnt. 

Sincerely yours. 

i\fo.:had S. Gril'lith 

Director. Ofricc of Safety ·1 cchnologi1.:s 

Office of'Sal'c1y 

.., 

.)