at the ??m?teh ?tates Washington, E6113 20510 April 21, 2017 Walter C. ?Butch" Waidelich, Jr. Acting Deputy Administrator Federal Highway Administration 1200 New Jersey Ave., SE Washington, DC 20590 Dear Administrator Waidelich: We are writing to request that the Federal Highway Administration (FHWA) consider revoking the September 7, 2011, letter of eligibility for the X-LITE Terminal guard rail unit after reviewing information submitted by state departments of transportation and the unit?s manufacturer. FHWA has stated that letters of eligibility are not required in order for a State to install safety devices and are not required to receive Federal reimbursement.1 However, the existence of a federal letter of eligibility grants the impression of certi?cation. A June 2016 Government Accountability Report (GAO) found that 10 states reported that they do not have a law or regulation establishing crash-testing requirements for roadside safety hardware. Four of these 10 states disclosed that they wrongfully believed FHWA requires crash-testing of safety hardware. The report continues: ?If a state?s policy is only to refer to a federal requirement that does not exist, then effectively no requirements govern crash testing in that state.?2 On November 1, 2016, 17-year old Hannah Eimers was involved in a fatal automobile accident on Interstate-75 in Tennessee when her vehicle left the road and collided with a Lindsay X-LITE Terminal guard rail. Ms. Eimers? vehicle reportedly impacted the guard rail?s ?end terminal? and she was killed immediately. Press accounts have also identi?ed additional fatalities in Virginia and Missouri that are related to collisions with Lindsay guard rail models. Tennessee?s Department of Transportation (TDOT) has identi?ed at least three fatalities in Tennessee related to the X-LITE Terminal guard rail. Based on safety concerns, on October 25, 2016, TDOT removed the model from its Quali?ed Product List. Additionally, TDOT has begun the process of removing these guard rail units from the state?s highway system.3 In light of these events and growing evidence of safety concerns, FHWA should ask state departments of transportation and the manufacturer to voluntarily provide information on road accidents or potential defects related to the X-LITE guard rail unit. If FHWA identi?es safety I accessed April 6, 2017 3 More Robust DOT Oversight of Guardrails and Other Roadside lvvlardware Could Further Enhance Safety, 2016 3 Commissioner John Schroer Letter to FHWA Division Administrator Pamela Kordenbrock, April 4, 2017 Acting Deputy Administrator Waidelich, Jr. April 21, 2017 Page 2 of 2 concerns, FHWA should consider revoking the September 7, 2011, letter of eligibility for the X- LITE Terminal guard rail. Thank you for your attention to this request, and please do not hesitate to contact Paul on Senator Alexander?s staff at 202-224-4944, John Haley on Senator Corker?s staff at 202-224- 3344, or Don Walker on Representative Duncan?s staff at 202-225-5435 if you have any questions or need any additional information. Sincerely, LMOMW Lamar Alexander ob Corker United States Senator United States Senator JQb'm J. Dunban/ Member of Congress