Sec. 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 highway agency 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 highway agency 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 highway agency 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.


with equally suitable unpatented items; (b) the highway agency must certify that it is
essential for synchronization with existing highway facilities or that no equally suitable
alternative exists or; (c) it 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.

e 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,

hn R. Cbg
irector, Office in Safety Design
Office of Safety

Enclosures


‘. a

@Q January 17, 2007 400 Seventh St., S.W.

US.Department Washington, D.C. 20590

of Transportation

Administration In Reply Refer To:
HSSD/B-153

Mr. David Hubbell
P.O. Box 600
Saranac Lake, NY 12983

Dear Mr. Hubbell:

Thank you for your letter of June 26, 2007, requesting the Federal Highway Administration
(FHWA) acceptance of your company’s NatureRail'TM’ aesthetic weak-post barrier for use on
the National Highway System (NHS). Accompanying your letter were reports of crash testing
conducted by the French testing laboratory LEIR and video of the tests. You requested that we
find this device acceptable for use on the NHS use at test level 2 (TL-2) under the provisions of
the National Cooperative Highway Research Program (NCHRP) Report 350 “Recommended
Procedures for the Safety Performance Evaluation of Highway Features” when compared to
the successfully tested TL-3 aesthetic “Ironwood” barrier covered under the FHWA acceptance
letters B-56 (dated June 18, 1999), and B-56A (May 11, 2000) and B-56B (September 5,
2003). You supplied additional information comparing the NatureRailTM to another tested
system on December 19, 2006.

Introduction
The FHWA guidance on crash testing of roadside safety hardware is contained in a

memorandum dated July 25, 1997, titled “INFORMATION: Identifying Acceptable Highway
Safety Features.”

Testing was conducted on three NatureRailTM configurations:

Test SOL/GBS-01/519 (519) Standard configuration on 1.5 m posts on 2 m spacing
Test SOL/GBS-06/593 (593) with additional steel on 2 m posts on 4m spacing
Test SOL/GBS-02/744 (744) with additional steel on 2 m posts on 1m spacing.

Brief descriptions of the devices, taken from the LEIR test reports, follow:

NatureRailTM 519

The system tested was a protective system made of wood and metal comprising cylindrical
posts averaging 180 mm in diameter and 1,980 mm high as a crash barrier. Flat 100 x 5 metal
rails 4,650 mm in length were used as interior reinforcement. The crash barriers were screwed

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tightly to C100 x 50 x 25 x 5 posts (1,500 mm high). The posts were paneled with round
timber (averaging 160 mm in diameter and 670 mm high) and rammed into the ground

2 metres apart. The connection between the crash barrier and the posts was secured using
metal spacers (100 x 50 x 650). The connection between the spacers, paneling and posts was
ensured by a class 4.6 screw, a H, M12 nut and an M12 washer.

NatureRailTM 593

The system tested was a protective system made of wood and metal comprising cylindrical
posts averaging 180 mm in diameter and 1,980 mm high as a crash barrier. Flat 100 x 5 metal
rails 4,650 mm in length were used as interior reinforcement. The crash barriers were screwed
tightly to C100 x 50 x 25 x 5 posts (2,000 mm high). The posts were paneled with round
timber (averaging 160 mm in diameter and 670 mm high) and rammed into the ground

4 metres apart. In order to form an even more rigid connection between the round wood posts
and reinforcement panels, an additional U100 metal reinforcement element 800 mm in length
was screwed behind the crash barrier in the spaces between posts. The connection between the
crash barrier and the posts was secured using metal spacers (100 x 50 x 650). The connection
between the crash barrier, spacers and metal reinforcing elements was screwed using 4 class
4.6 TRCC M16 x 200 screws, 4 H, M16 nuts and 4 M16 washers. The connection between the
spacers, paneling and posts was ensured by a H, M12 x 60 class 4.6 screw, a H, M12 nut and
an M12 washer.

NatureRailTM 744

The device tested is a wood and steel safety barrier with obstacle protection. It consists of
C100 posts, 2.00 m in length, beaten into the ground every 1.00 m. The posts are trimmed with
logs. A set of pre-assembled rails consisting of two logs — RH and LH (@ 180 mm, length
1,980 mm) secured to a flat metal reinforcement (100x, length : 4,650 mm). The wood/metal
rails are assembled together by overlapping. The pre-assembled assemblies are reinforced by a
metal rail C100 x 50 x 25 x 5, length : 5,998 mm, placed at the rear of the logs. The metal rail
is secured to the posts by means of a connection/spacers part. The rails are mounted by means
of 4 special round-head bolts, quality 8.8, M16 x 170, and 4 @ 18 washers (ext. @:40, thk.:

5 mm) and threaded plates M16 200 x 80, thk.:12 mm. This assembly is secured to a
connection piece/spacer by means of 4 M16 x 30 hex screws, four 18 x 5 washers and 4 M16
hex nuts, and two threaded plates M16 200 x 80 x 12. The connection piece/spacer is secured
to the post by means of hex head 12 x 60 screws, a @ 14 washer and a M12 hex bolt. The
post's wood trim is placed between the metal support and the connection piece/spacer. The
connection between the rear metal reinforcements is made by means of sleeves C85 x 35 x 16,
thk.: 4 mm, length 240 mm and 4 hex head bolts, M12 x 60, 4 washers and 4 nuts.

Drawings of these barriers are enclosed for reference. Also enclosed are drawings that show
the significant differences between the TL-3 Ironwood barrier and the TL-2 NatureRailTM
designs.


Testing
Full-scale automobile testing was conducted by the Inrets Road Equipment Test Laboratory to
EN 1317, N-2 standards.

The CEN tests are summarized in the table below:

Test/Product Impact Impact Vehicle Deflection
Number Speed Angle Mass Max. Dynamic Permanent
519 113.3 knV/hr | 20.0 deg __| 1430 kg 1.5m 0.56 m
593 112.3 km/hr | 20.0deg_ | 1429kg | 2.1m 0.92 m
744 116.4 km/hr | 20.0deg_| 1451kg |09m 0.8m
Findings

The results of the CEN testing indicate that the three tested NatureRailTM configurations
perform in a manner at least comparable to the NCHRP Report 350 TL-3 accepted Ironwood
barrier. As you requested the FHWA acceptance to Report 350 TL-2 criteria we concur that
the devices described in the various requests above and detailed in the enclosed drawings are
acceptable for use on the NHS under TL-2 conditions, when proposed by a highway agency.
Acceptance is limited to TL-2 conditions as testing with the 2000P pick up truck has not been
conducted.

Please note the following standard provisions that apply to the 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.

e Any changes that may adversely influence the crashworthiness of the device will require
a new acceptance letter.

e 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 the FHWA and
the NCHRP Report 350.

© To prevent misunderstanding by others, this letter of acceptance, designated as number
B-153 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 NatureRailTM is a patented device and is considered "proprietary." The use of
proprietary devices specified by a highway agency for use on Federal-aid projects must
meet one of the following criteria: (a) it must be supplied through competitive bidding