16.  The primary regulatory and industry authorities involved in the regulation of  highway products include the United States Department of Transportation, the FHWA, the  National Cooperative Highway Research Program (“NCHRP”), and various state departments of  transportation.    74.  Plaintiff brings this action as a class action under Federal Rule of Civil  Procedure 23(a), 23(b)(2), and 23(b)(3), on behalf of itself and all others similarly situated.   Plaintiff seeks to represent a class (the “Nationwide Class”) initially defined as:   All persons or entities who purchased one or more defective ET- Plus guardrail system (as defined herein) in the United States.   91.  Plaintiff hereby incorporates by reference the allegations contained in the  preceding paragraphs of this Complaint.   92.  Plaintiff brings the Count on behalf of the Nationwide Class (“Class”).    93.  Declaratory relief is intended to minimize “the danger of avoidable loss and  unnecessary accrual of damages.” 10B Charles Alan Wright, Arthur R. Miller & Mary Kay  Kane, Federal Practice and Procedure § 2751 (3d ed. 1998).   A.  The Federal Regulatory and Approval System   Declaratory Judgment Act, 28 U.S.C. § 2201 et. seq.   (On behalf of the Nationwide Class)   Strict Liability Design Defect  (On Behalf of the Nationwide Class)  