US. Deportment 1200 New Jersey Ave., SE 

of Transportation Washington, D.C. 20590 

Federal Highway 

Administration April I. 20 16 

In Reply Refer To: 

HSST/CC-1 04 B 

Mr. Bret Eckert P. E. 

Engineering Appli cati ons Manager 

Trinity Highway Products 

36 17 Cincinnati A venue 

Rocklin, CA 95677 

Dear Mr. Eckert: 

This letter is in response to your December 16, 20 15 request for the Federal 11 ighway 

Administration (Fl !WA) to review a roadside safety device, hardware or system for eligibility 

for reimbursement under the Federal-aid highway program. This FHWA lcller oreligibili ty is 

assigned FHWA control number CC-1 048 and is valid until a subsequent letter is issued by 

FH\VA that expressly rererences this device. 

Decision 

The following devices are eligible, with details provided in the fo rm which is attached as an 

integral part or this letter: 

• Vorteq® Truck Mounted Attenuator (TMA) tvlod ilication 

Scope of this Letter 

To be found eligible for Federal-aid funding, modified roadside safety devices should meet the 

crash test and eva luation criteria contained in the National Cooperative Highway Research 

Program (NCHRP) Report 350. However, the FH W /\., the Department or Transportation, and 

the United States Government do not regulate the manufac ture of roadside safety devices. 

Eligibility for reimbursemenc under the Federal-aid highway program does not establish 

approval, certifi cation or endorsement of the device for any particular purpose or use. 

This letter is not a determination by the FHWA, the Department ofTransportation, 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 

manufacn1ring, insta llation, and maintenance arc required in order for this device to function as 

tested. 

This finding or eligibility is limited to the erashworthiness of the system and does not cover other 

structural features. nor confom1ity with the Manual on Uniform Traffic Control Devices. 
Eligibility for Reimbursement 

FHWA 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: 

Name of system: Vorteq® TMA 


Type ofsystem: Crash Cushion 


Date of original request: August 23, 2009 


Date of original FHWA eligibility letter: December 23, 2009 


FHW A Control number: CC-I 04 


The pending modification(s) consists ofthe following changes: 

1. 	Reduced hole size in side plates from 9/16" to 17/32" for a rivnut application in fender 


mounts. 


2. Added slots and flat washer to battery tray brackets to ease assembly of parts. 

3. Updated decal to include bolt part number for ordering replacement bolts. 

4. Added Safety Chain Length as an option for customers requiring longer safety chains to 


their trucks. 


5. Added washer between bolt and X-Brace component to maintain correct fit over slot. 

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

within the attached form.' 

Full Description of the Eligible Device 

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

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

form. 

Notice 

Ifa 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 ofthe modification on the ability of 

the device to meet the relevant crash test criteria. 
3 

FHWA'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 sunicicnt infomrntion on design, installation and 

ma intenance requirements to ensure proper performance. 

You are expected to certi fy to potential users that the hardware furnished has the same chemistry, 

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

and evaluation criteri a of the NCHRP Report 350. 

Issuance of this letter does not convey property ri ghts of any sort or any exclusive privilege. 

This Jetter is based on the premise that information and reports submitted by you are accurate 

and correct. We reserve the right to modify or revoke this Jetter if: (1) there are any inaccuracies 

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

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

system is significantl y different from the version that was crash tested, or (5) any other 

information indicates that the letter was issued in error or otherwise docs not reflect full and 

complete information about the crashv,1orthiness ofthe system. 

Standard Provisions 

• 	 To prevent misunderstanding by others, this letter of eligibility designated as FHWA 

control number CC-I 04B shall not be reproduced except in fu ll. This letter 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 authorization or consent by the FHWA to use, 

manufacture, or se ll a ny patented system for which the applicant is not the patent holder. 

• 	 Ifthe subject devi ce is a patented product it may be considered to be proprietary. If 

proprietary systems a re specified by a highway agency for use on Federal-a id projects: 

(a) they must be supplied through competiti vc bidding with equally suitable unpatented 

items; (b) the highway agency must certify that they are essential for synchroni zation 

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

they 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 conta ined in Title 23, Code of Federa l Regulations, Secti on 635.411. 

Sincerely yours, 

/tli-.LJ 

M ichael S. Griffith 

Y ~ 

Director, Office of Safe ty Technologies 

Office of Safety 

Enclosures 
Version 9.1 (11/15) 

Page 1 of 3 

Request for Federal Aid Reimbursement Eligibility 

ofHighway Safety Hardware 

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11'1 

Date of Request: March 24, 2016 I l'New r. Resubmission 

Name: Bret R. Eckert, P.E. 

Company: 

Address: 

Country: 

Trinity Highway Products, LLC 

3617 Cincinnati Ave., Rocklin, CA 95765 

USA 

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-lj 

System Type Submission Type Device Name I Variant Testing Criterion Test 

Level 

'CC': Truck-Mounted 

Attenuators (TMA) 

('Physical Crash Testing 

Engineering Analysis 

VORTEQ• TMA 

NCHRP Report 350 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 NCH RP Report 350 (Report 350) and that 

the evaluation results meet the appropriate evaluation criteria in the Report 350. 

Identification of the individual or organization responsible for the product: 

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

Company Name: Trinity Highway Products, LLC Same as Submitter ~ 

Address: 3617 Cincinnati Ave., Rocklin, CA 95765 Same as Submitter ~ 

Country: USA Same as Submitter ~ 

Enter below all disclosures of financial interests as required by the FHWA 'federal-Aid Reimbursement 

Eligibility Process for Safety Hardware Devices' document. 

The VORTEQ• TMA technology is the commercial embodiment of intellectual property that is protected by 

patents that are owned by THP. THP does not pay royalties for sales of the VORTEQ• TMA system. The VORTEQ• 

TMA system was designed and developed by engineers at Energy Absorption Systems Inc. (EAS). The patent 

holders of record for the VORTEQ• TMA system are John F. LaTurner, Michael J. Buehler, and Brent S. Sindorf and 

all were employed by EAS. The associated United States Patent Office patent numbers (8,074,761 & 8,464,825) 

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

EAS sponsored certain crash tests ofthe VORTEQ• TMA 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 (•1soi 17025 accredited laboratory with American Association for Laboratory Accreditation (A2LA) 

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

accordance with testing criteria, as set forth by the National Cooperative Highway Research Program c·NCHRPi 

in the NCHRP Report 350 (1993). 
Version 9.1 (11/15) 

Page 2 of 3 

PRODUCT DESCRIPTION 

New Hardware or r. Modification to IN s· lfi t 

(" Significant Modification Existing Hardware on- ign can 

Original submission date December 22, 2015. The Vorteq• Tow-able Truck Mounted Attenuator CTMA) was 

originally accepted on February 08, 2008 with FHWA eligibility letter HSSD/CC-104 as a NCHRP 350 TL-3 TMA. It 

was also accepted on December 23, 2009 with FHWA ellglbllity letter HSSD/CC-104A as a NCHRP 350 TL-3 TMA 

with an Arrow Board. The Vorteq• is a tow-behind TMA. It Is comprised of two sets of collapsible tubes. The 

Impact Head Is designed to curl the Vorteq• tubes during system stroke to the contact point of the hitch 

assembly. The hitch assembly is designed to fold during Impacts. 

This request for continued eligibility is to notify the FHWA of necessary revisions that have occurred since May 

18, 2015. All revisions have been justified through engineering analysis and judgement and have been 

determined to be non-significant and will have no bearing on the as-tested performance of the system. These 

revisions Include the following: 

1. Reduced hole size in side plates from 9/16" to 17/32" for a rivnut application in fender mounts. (4027) 

2. Added slots and flat washer to battery tray brackets to ease assembly of parts. (4027) 

3. Updated decal to include bolt part number for ordering replacement bolts. (4027) 

4. Added Safety Chain length as an option for customers requiring longer safety chains to their trucks. (4027) 

5. Added washer between bolt and X-Brace component to maintain correct flt over slot. (4027) 

CRASH TESTING 

A brief description of each crash test and its result: 

Required Test 

Number 

Narrative 

Description Evaluation Results 

3-50 (820() 

The Vorteq• TMA Test 3-50 was conducted and documented 

in Laboratory Test No. 01-4232-003, Date ofTest December 

07, 2007, in Test Report No. 320. The non-significant 

modifications described In the Product Description will have 

no bearing on the as-tested performance of the system. 

PASS 

S3-50(7000 Not Applicable. Test S3-50 is an optional test and not 

required for system eligibility. 

3-51 (2000P) 

The Vorteq•TMA Test 3-51 was conducted and documented 

in Laboratory Test No. 01-4232-001, Date ofTest November 

29, 2007, In Test Report No. 320. The non-significant 

modifications described in the Product Description will have 

no bearing on the as-tested performance ofthe system. 

PASS 

3-52 (2000P) 

The Vorteq• TMA Test 3-52 was conducted and documented 

In Laboratory Test No. 01-4232-002, Date ofTest December 

04, 2007, In Test Report No. 320. The non-significant 

modifications described In the Product Description will have 

no bearing on the as-tested performanee ofthe system. 

PASS 

3-53 (2000P) 

The Vorteq• TMA Test 3-53 was conducted and documented 

In laboratoryTest No. 01-4232-004, Date ofTest December 

13, 2007, In Test Report No. 320. The non-significant 

modifications described In the Product Description will have 

no bearing on the as-tested performance ofthe system. 

PASS 
Version 9.1 (11/15} 

Page 3 of 3 

Full Scale Crash Testing was done in compliance with NCH RP Report 350 by the following accredited 

crash test Laboratory. By signature below, the Laboratory agrees in support of this submission that all 

critical and relevant crash tests for the device listed above were conducted. (cite the laboratory's 

accreditation status as noted in the crash test reports.): 

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

Laboratory Name: E-Tech Testing Services, Inc. 

Laboratory Signature: Paul Kruse Digitally signed by Paul Kruse 

Date: 2016.03.24 14:28:07 -07'00' 

Address: 36178 Cincinnati Ave., Rocklin, CA 95765 Same as Submitter D 

Country: USA Same as Submitter [8J 

Accreditation Certificate 

Number and Dates of current 

Accreditation period : 

A2LA Certificate# 989.01 , November 20, 2015 thru November 30, 2017 

0.9i.'y•lgn<d .. 

Submitter Signature*: Bret Eckert P. E. ~:::=~"..:'"'"""'' O&l 20 16.0:U4 IS:27:43 -01'00' 

Submit Form 

AITACHMENTS 

Attach to this form: 

I) Additional disclosures of re lated 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 Sta ndard ). For proprietary products, a single isometric line 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 facilitate our review. 

FHWA Official Business Only: 

Eligibility Letter AASHTO TF13 

Number Date Designator Key Words 
ORIGINAL 9/16" DIAMETER 

MODIFIED 17/32" DIAMETER 

VORTEQ®TMA 

FENDER PANEL BRACKET 

HOLE SIZE 

TRINITY 

UIGltVolAV 
ORIGINAL BRACKET 

WITH HOLES 

MODIFIED BRACKET 

WITH SLOTS 

VORTEQ®TMA 

BATTERY TRAY SUPPORT 

WI SLOTS 
ORIGINAL 


MODIFIED 


WARNING 

•

WARNING 

•

VORTEQ®TMA 

WARNING DECAL 

TRINITY 

HICtlWAV 
STANDARD LENGTH 

TOWING SAFETY CHAIN 

@35" 

OPTIONAL LENGTH 

TOWING SAFETY CHAIN 

@55" 

VORTEQ®TMA 


OPTIONAL LENGTH TOWING 


SAFETY CHAIN 


TRINITY 

\ 

\ 

\ 

\ 

' 

VORTEQ®TMA 

X BRACE WASHER 

MODIFICATION 

TRINITY 

ff I Cit WA'w