COMMITTEES:

Joztlidoi'r?y lig?etl?eiR' . TRANSPORTATION AND 
VICE CHAIRMAN

SUBCOMMETTEES:
HIGHWAYS ANO TRANSIT

 

2207 RAYBURN HOUSE OFFICE BUILDING

WASHINGTON, DC 20515?4202 RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS
PHONE: (202) 225?5435 a [3 AVIATION 

FAX: (202) 22545440

 

1301153 [If R?pl?mntatmm OVERSIGHT AND GOVERNMENT REFORM
800 MARKET STREET, SUITE 110 331 COURT STREET . SUBCONEMITFEES:
KNOXVILLE, TN 37902 TN 37804 m??hlng [on a 20515?4202 NATIONAL SECURITY
PHONE: (865) 523?3772 PHONE: (365) 984?5464 AND PUBLIC ASSETS
FAX: (865) 544?0728 FAX: (855) 984?0521 . June 4 2 0 1.8
1

Ms. Brandye Hendrickson
Acting Administrator

Federal Highway Administration
Washington, D.C. 20590

Dear Acting Administrator Hendrickson:

Thank you for your commitment to making our National
Highway System the safest and greatest in the world. Your
service tx3 our Country iJ1 acting ems Administrator the
Federal Highway Administration is greatly appreciated.

Prior to your appointment by President Trump, 1, along with
Senators Corker and .Alexander, wrote a letter to FHWA
asking that after reviewing the evidence FHWA. consider
revoking the X?Lite guardrail end terminal?s Safety
Eligibility Letter FHWA reported the ratio of
serious and fatal' accidents showed the XnLite was ?not
unsafe." Anecdotaily, there continues to be 23 steady flow
of new stories in the media of piercing incidents and
deaths involving the X?Lite that may call into
question earlier assessment and could suggest this
conclusion was reached prematurely.

Additional media reports indicate most, if all, State
DOTS have stopped using the X?Lite guardrail end terminal.
Other media reports claim? over a dozen State DOTS are
removing and replacing all or part of their X?Lite
inventory with MASH approved. (4)

I represent Tennessee?s Second Congressional District.
Tennessee?s state legislature, recently, unanimously passed
House Joint Resolution 1001. Tennessee Governor Bill Haslam
signed this resolution into law. HJR 1001 requests that the
United States Department of Transportation rescind FHWA
Safety Eligibility Letter cc?120 for cause. It also.
recommends as national recall of tine X?Lite guardrail end

E-MAIL: PRINTED ON RECYCLED PAPER - - 

 

 

 

terminal. The Resolution cites concerns raised by Tennessee
DOT Commissioner John Schroer that include:

1. Unclear installation instructions resulting ll] X-Lite
performance different than expected;

2. incidents of the X?Lite penetrating the passenger
compartment; and

3. In?service performance less than adequate to rmotect
motorist.

Perhaps the most significant concern from Commissioner
Schroer in HJR 1001 is the following:

impact head of the unit separating horizontally
from the adjacent w?beam guardrail, sliding past this
adjacent section of w?beam?

Commissioner Schroer noted this guardrail system ?could and
has penetrated a vehicle cabin.? Tennessee DOT reports this
specific concern ?was seen in accidents that resulted in
three deaths in my state.

I believe the coneerns and recommendation in HJR lOOl
warrant very serious consideration by FHWA.

I am requesting, FHWA, under your direction:

1. Immediately examine all of the available Xelite data/
photos from the ongoing FHWA PILOT In?Service Performance
Evaluation(ISPE), along 'with the original crash testing,
for evidence of this potential defect;

2. Make note (If any incidents ill which time; concern is
present and if the vehicle cabin has been penetrated by a
rail as described by Schroer.

3. Prepare a report along with photos, location, and the
number of incidents in which this concern was observed in
PILOT ISPE or the original crash testing and report
back to my office by no later than 5 Inn EST on JUne 30,
2018.

Tennessee?s? Commissioner* John. Schroer? is xwidely' respected
around the Nation. Please note:

1. John Schroer has advised tins President of time United
States on transportation issues; (is this in reference to
the letter sent to the footnote 5)

 

2. John. Schroer? has testified. before 'the United. States
House Transportation Committee, of which I am a member; and
3. John Schroer is president of the American Association
of State Transportation Officials (AASHTO).

I am not qualified to make a determination about the safety
of a highway safety barrier product. However, when someone
like John Schroer says the X?Lite performance is resulting
in ?unacceptable safety levels" and the state of Tennessee
takes a position like this, I believe we should listen and
pay careful attention to Schroer?s concerns.

I firmly believe it is ultimately the responsibility of the
states to make a final decision on safety. However, this
fact does not preclude FHWA from action. FHWA issued 
and bears significant responsibility to serve as a Federal
partner in the road safety environment. It is certainly in
the best interests of the health, safety, and wellbeing of
the traveling public that the uncertain safety concerns and
lingering ambiguity surrounding this guardrail end unit be
urgently clarified.

If Commissioner Schroer?s concern with the' device head
moving laterally ?and creating a spear is observed and
validated in the original crash testing and within the Km
Lite data in FHWA PILOT ISPE it would be highly advisable,
and I would recommend, FHWA heed the recommendations within
HJR lOOl and~ immediately rescind the X?Lite?s Safety
Eligibility Letter In addition, if this concern is
noted, FHWA. should make the recommendation State 
consider removing and replacing their X?Lite inventory with
new MASH tested units.

We owe the traveling public nothing less than our
intentional focus on this concern. Thank you for your
immediate and prompt attention to this matter.

 

 

 

With kindest regards, I am

Yours truly,

 
  

 
  



{ember of Congress



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