Refer to: HSA-10/WZ-33A 

Mr. Kevin King 

Three D Traffic Works, Inc. 

430 N. Varney Street 

Burbank, California 91502 

Dear Mr. King: 

Thank you for your letter of March 30, 2003, requesting Federal Highway Administration 

(FHWA) recognition of a change in designation of your company’s barricade. On May 24, 

2000, we found the TD2000 Traffic Works Barricade as an acceptable Type I or Type II 

barricade. Our letter of acceptance, number WZ-33, detailed the barricade design, crash testing, 

and conditions of the acceptance. You indicated that you wish to change the designation of the 

all-plastic barricade to “TD2100.” We are pleased to recognize this change. 

It is our understanding that no changes to the design of the barricade have taken place since the 

original crash testing, and that you and your company are owners of the patent and/or are 

authorized to produce barricades to that design. Therefore, the TD2100 described in the various 

requests above and detailed in the enclosed drawings are acceptable for use on the National 

Highway System (NHS) under the range of conditions tested, when proposed by a State. 

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

• Our 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 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 FHWA and 

NCHRP Report 350. 
2

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

WZ-33A 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 TD2100 Traffic Works Barricade is a patented device and is considered 

"proprietary." The use of proprietary work zone traffic control devices in Federal-aid 

projects is generally of a temporary nature. They are selected by the contractor for use as 

needed and removed upon completion of the project. Under such conditions they can be 

presumed to meet requirement "a" given below for the use of proprietary products on 

Federal-aid projects. On the other hand, if proprietary devices are specified 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 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. 

• This acceptance letter shall not be construed as authorization or consent by the FHWA to 

use, manufacture, or sell any patented device. Patent issues are to be resolved by the 

applicant and the patent owner. 

Sincerely yours, 

 

 

Michael S. Griffith 

 Acting Director, Office of Safety Design 

 Office of Safety 

Enclosures 

FHWA:HSA-10:NArtimovich:tb:x61331:6/17/03 

File: h://directory folder/nartimovich/WZ33A-ThreeDFIN 

cc: HSA-10 (Reader, HSA-1; Chron File, HSA-10; 

 N. Artimovich, HSA-10)