1200 New Jersey Ave., SE

 Washington, D.C. 20590

October 3, 2016

FHWA: HSST /CC-126_MASH SKT.docx 

FHWA: HSST: Artimovich: sf: x61331:9/14/16 

File: s: //directory folder/HSST/Artimovich/CC-129 MFLEAT on 350 to Kothmann.docx 

cc: HSST (NArtimovich; BFouch) HSST Will Longstreet

: 

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. 

Archived 

For 

Research 

and 

Historical 

Purposes 

Only
2 

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 Head

 Type of system: Flared W-Beam Guardrail extruder terminal

Test Level: NCHRP Report 350 Test Level 3 (TL3) 

 Testing conducted by: KARCO, Inc.

Date of request: December 26, 2015, revised July 29, 2016

 Date initially acknowledged: December 31, 2015, and August 23, 2016 

Date of completed package: September 1, 2016 

FHWA 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: 

o Significant modifications – For these modifications, crash test results must be 

submitted with accompanying documentation and videos. 

o 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.

Archived 

For 

Research 

and 

Historical 

Purposes 

Only
3 

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, 

 

Michael S. Griffith

Director, Office of Safety Technologies

Office of Safety

Enclosures 

Archived 

For 

Research 

and 

Historical 

Purposes 

Only