US. Deportment 1200 New Jersey Ave., SE 

of Transportation Washington, D.C. 20590 

Fe deral Highway 

Administration April I, 20 16 

In Reply Refer To: 

HSST/B-246/\ 

Mr. Baffy Stephens 

Trinity Highway Products, LLC 

36 17 Cincinnati Ave. 

Rocklin, CA 95677 

Dear Mr. Stephens: 

This Jetter is in response to your November 11 , 20 14 request for the Federal I lighway 

Administration (FHWA) to review a roadside safety device, hardware, or system for eligibility 

for reimbursement under the l'ecleral-aid highway program. This FUW /\ letter of eligibility is 

assigned FH\V A control number B-246/\ and is valid until a subsequent letter is issued by 

PHWA that expressly references this device. 

Decision 

The following devices arc eligible, wilh details provided in the form which is attached as an 

integral part or this letter: 

• Retro-Railn.1 Guardrail Modification 

Scope of this Letter 

To be found eligible for Federal-aid funding. new roadside safety devices should meet the crash 

test and evaluation criteria contained in the American Association of State 1 lighway and 

Transportati on Officials· Manual for Assessing Safety Hardware (MASH). I lowever, the 

Pl IWA, the Department ofTransportation, and the United States Government do not regulate the 

manufacture of roadside safety devices. Eligibility fo r reimbursement under the Federal-aid 

highway program does not establish approval. certilication or endorsement of the device for any 

particular purpose or use. 

This Jetter is not a determination by the FHWA, the Department of Transportation, or the United 

States Government that a vehicle crash involving the device will result in any particular outcome. 

nor is it a guarantee of the in-service performance of this device. Proper manufacturing. 

installation, and maintenance are required in order for this device to function as tested. 

This finding of eligibility is limited to the crash worthiness of the system and does not cover other 

structural features, nor conformity with the Manual on Uniform Traffic Control Devices. 
2 

Eligibility for Reimbursement 

FHW A previously issued an eligibility letter for the roadside safety system described in your 

pending request. Your pending request now identifies a modification to that roadside safety 

system. 

The original roadside safety device information is provided here: 

Name ofsystem: Retro-Rai1TM, MASH 


Type of system: Longitudinal Barrier 


Date of original request: October 30, 2013 


Date of original FHW A eligibility letter: March 11, 2014 


FHWA Control number: HSST/B-246 


The pending modification(s) consists of the following changes: 

1. 	 This request is to remove the following sentence describing a concave radii distance for 

the Cable Mid Bracket. This sentence within the third paragraph of the Product 

Description section was included in error: "The Cable Mid Bracket is designed to 

maintain standard wire rope tension when installed on guardrail with concave radii of 

100' or greater." 

'FHWA concurs with the recommendation of the accredited crash testing laboratory as stated 

within the attached form.' 

Full Description of the Eligible Device 

The device and supporting documentation, including reports of the crash tests or other testing 

done, videos of any crash testing, and/or drawings of the device, are described in the attached 

form. 

Notice 

If a manufacturer makes any modification to any oftheir roadside safety hardware that has an 

existing eligibility letter from FHW A, the manufacturer must notify FHW A of such modification 

with a request for continued eligibility for reimbursement. The notice of all modifications to a 

device must be accompanied by: 

o 	 Significant modifications - For these modifications, crash test results must be 

submitted with accompanying documentation and videos. 

o 	 Non-signification modifications - For these modifications, a statement from the 

crash test laboratory on the potential effect of the modification on the ability of 

the device to meet the relevant crash test criteria. 

FHW A's determination of continued eligibility for the modified hardware will be based on 

whether the modified hardware will continue to meet the relevant crash test criteria. 

You are expected to supply potential users with sufficient information on design, installation and 

maintenance requirements to ensure proper performance. 
3 

You are expected to certify to potential users that the hardware fumished has the same chemistry, 

mechanical properties, and geometry as that submitted for review, and that it will meet the test 

and evaluation criteria of the MASH. 

Issuance of this letter does not con vey property rights of any sort or any exclusive privilege. This 

letter is based on the premise that infonnation and reports submitted by you arc accurate and 

correct. We reserve the right to modify or revoke this letter if: (I) there are any inaccuracies in 

the information submitted in support of your request for this letter, (2) the qualification testing 

was flawed, (3) in-service performance or other information reveals safety problems, (4) the 

system is significantly different from the ve rsion that was crash tested, or (5) any other 

info1111ation indicates that the letter \·Vas issued in error or otherwise docs not reflect full and 

complete information about the crash worthiness or the system. 

Sta nda rd Provisions 

• 	 To prevent misunderstanding by others. this letter of eligibility designated as l'HWA 

control number B-246A shall not be reproduced except in full. This lcller and the test 

documentation upon which it is based are public information. All such letters and 

documentation may be reviewed upon request. 

• 	 This letter shall not be construed as authori zation or consent by the Pl IWA to use, 

manufacture, or sell any patented system for whi ch the applicant is not the patent holder. 

• 	 If the subject device is a patented product it may be considered to be proprietary. If 

proprietary systems are specified by a highway agency for use on Federal-aid projects: 

(a) they must be supplied tl1rough competitive bidding with equally suitable unpatcntcd 

items; (b) the highway agency must certify that they arc essential for synchronization 

with the existing highway facilities or that no equally suitable alternati ve exists; or (c) 

they must be used for research or for a distincti ve type of construction on relati vely short 

sections ofroad for experimental purposes. Our regulations concerning proprietary 

products are contained in Ti ti e 23, Code or Federal Regul ations, Section 635.411. 

Sincerely yours, 

Michael S. Griffith 

Director, Office of Safety Technologies 

Office of Safety 

Enclosures 
Version 9.1 (11/15) 

Page 1 of 3 

Request for Federal Aid Reimbursement Eligibility 

of Highway Safety Hardware 

Date of Request: March 14,2016 I \New Ci' Resubmission 

.. 

cu 

Name: 

Company: 

Bret R. Eckert, P.E. 

Trinity Highway Products, LLC .~ 

E 

.a

::s 

en 

Aaaress: 

Country: 

3617 Cincinnati, Ave., Rocklin, CA 95677 

United States of America 

To: Michael S. Griffith, Director 

FHWA, Office of Safety Technologies 

I request the following devices be considered eligible for reimbursement under the Federal-aid 

highway program. 

11-1-q 

System Type Submission Type Device Name I Variant Testing Criterion Test 

Level 

'B': Barriers (Roadside, 

Median, Bridge Railings) 

(" Physical Crash Testing 

r. Engineering Analysis 

Retro-Rail"' Guardrail 

Retrofit 

AASHTO MASH TL3 

By submitting this request for review and evaluation by the Federal Highway Administration, I certify 

that the product(s) was (were) tested in conformity with the AASHTO Manual for Assessing Safety 

Hardware and that the evaluation results meet the appropriate evaluation criteria in the MASH. 

Identification of the individual or organization responsible for the product: 

Contact Name: Bret R. Eckert, P.E. Same as Submitter [81 

Company Name: Trinity Highway Products, LLC Same as Submitter [81 

Address: 3617 Cincinnati, Ave., Rocklin, CA 95677 Same as Submitter [81 

Country: United States of America Same as Submitter [81 

Enter below all disclosures offinancial interests as required by the FHWA 'Federal-Aid Reimbursement 

Eligibility Process for Safety Hardware Devices' document. 

The Retro-Rail"' technology is the commercial embodiment of intellectual property that is protected by patents 

that are owned by Trinity Highway Products, LLC (THP). THP does not pay royalties for sales of the Retro-Rall"' 

system. The Retro-Rall"' system was designed and developed by engineers at THP. The patent holders of record 

for the Retro-Rall"' system are Aaron J. Cox and Brent S. Sindorf, and both, Mr. Cox as well as Mr. Sindorf, are 

employed by THP. The associated United States Patent Office patent application number (14/023,150) Is 

assigned to Energy Absorption Systems, Inc./ Trinity Industries, Inc. 

THP sponsored certain crash tests of the Retro-Rall"' system. Such tests were conducted by E-Tech Testing 

Services, an Independent, wholly-owned subsidiary ofTHP. E-Tech Testing Services is an International Standards 

Organization (ulSO") 17025 accredited laboratory with American Association for Laboratory Accreditation (A2LA} 

Mechanical Testing certificate 989.01. Full-scale crash testing on the Retro-Rall"' system was performed in 

accordance with testing criteria, as set forth by the American Association ofState Highway and Transportation 

Officials (•MSHTO") published testing criteria, as required in the Manual for Accessing Safety Hardware (2009) 

(•MASH"). 
Version 9.1 (11/15) 

Page 2 of 3 

PRODUCT DESCRIPTION 

New Hardware or Modification to I


r Significant Modification Ci' Existing Hardware Non-Significant 

Original submission date November 11, 2014. The Trinity Retro-Rall"' was originally accepted In FHWA 

Eligibility Letter B-246 on March 11, 2014 as tested by E-Tech Testing Services per MSHTO's Manual for 

Assessing Safety Hardware (MASH). This request Is to remove the following sentence describing a concave radii 

distance for the Cable Mid Bracket. This sentence within the third paragraph of the Product Description section 

was Included In error. 

"The Cable Mid Bracket is designed to maintain standard wire rope tension when installed on guardrail with 

concave radii of 100' or greatern. 

This modification Is considered Non-Significant, Effect is Positive of Inconsequential. 

CRASH TESTING 

A brief description of each crash test and its result: 

Required Test 

Number 

Narrative 

Description Evaluation Results 

The Retro-Rall"' was originally tested per MASH Test 3-10 in 

Tests 01-0289-002 (10/4/2012) and 01-0289-004 (1/9/2013) In 

3-10(1100C) E-Tech Report #418. Removing the sentence In error will have PASS 

no effect to the as-tested performance ofthe Retro-Rail"' 

system. 

Four MASH 3-11 tests were successfully completed on the 

Retro-Rall1M system, Test 01-0289-001 (9/21/2012), 

01-0289-003 (12/11/12), 01-0289-005 (7/24/2013) and 

3-11 (2270P) 01-0289-006 (8/16/2013) on different post/blockout PASS 

combinations In E-Tech Report#418. Removing the sentence 

In error will have no effect to the as-tested performance of the 

Retro-Rall"' system. 

3-20 (11 OOC) Not Applicable. The Retro-Rall"' system Is not Intended to be 

used for transitioning from semi-rigid to rigid barrier. 

3-21 (2270P) Not Applicable. The Retro-Rall"' system Is not Intended to be 

used for transitioning from semi-rigid to rigid barrier. 

Full Scale Crash Testing was done in compliance with MASH by the following accredited crash test 

laboratory (cite the laboratory's accreditation status as noted in the crash test reports.): 
Version 9.1 (11/15) 

Page 3 of 3 

Testing Laboratory's signature concurs that these modifications are considered Non-Significant. 

Laboratory Name: E-Tech Testing Services, Inc. 

Digitally signed by Pa ul Kruse Laboratory Signature: Paul Kruse Date: 2016.03.14 14:59:29 -07'00' 

Address: 36178 Cincinnati Ave., Rockli n, CA 95765 Same as Submitter 0 

Country: United States of America Same as Submitter [8l 

Accreditation Certificate 

Num ber and Dates of current A2LA Certificate #989.01, November 20, 2015 to November 30, 2017 

Accreditation period : 

()g t.o 'y-by 

Submitter Signature•: Bret Eckert P.E. ,:<:;::,Z ",,.. 0 JCr. 20160).141S:41D7 01'()1) 

Submit Form 

ATTACHMENTS 

Attach 10 this form: 

I) Additional disclosures of related financial interest as indicated above. 

2) A copy of the full test report, video, and a Test Data Summary Sheet for each test conducted in 

support of this request. 

3) A drawing or drawings of the device(s) that conform to the Task Force- 13 Drawing Specifications 

[Hardware Guide Drawing Standards]. For proprietary products, a single isometric li ne drawing is 

usually acceptable to illustrate the product, with detailed specifications, intended use, and contact 

information provided on the reverse. Additional drawings (not in TF-13 format) showing details that 

are relevant to understanding the dimensions and performance of the device should also be submitted 

to facil itate our review. 

EHWA Official Business Only: 

Eligibility Letter 

Number Date 

AASHTO TF 13 

Designator Key Words