US.Deportment 

of Transportation 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Federal Highway 

Administration December 18, 20 15 

fn Rep ly Refer To: 

HSST/CC-34C 

Mr. Barry Stephens 

Trinity Highway Products, LLC 

36 17 Cincinnati Ave. 

Rocklin, CA 95677 

Dear Mr. Stephens: 

This letter is in response to your June 13, 2014 request for the Federal I lighway Administration 

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

reimbursement under the Federal-aid highway program. This FHWA letter of eligibility is 

assigned FH\VA control number HSST/CC-3-lC and is valid until a subsequent letter is issued by 

FH\VA that expressly references this device. 

Decision 

The following device is eligible, with details provided in the fo1m which is attached as an 

integral part of this letter. 

• MPS-350X Truck Mounted Attenuator (TMA) 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 National Cooperative Highway Research Program 

(NCHRP) Report 350. However, the FHWA. the Department of Transportation, and the United 

States Government do not regulate the manufacture of roadside safety devices. Eligibility for 

reimbursement under the Federal-aid highway program does not establish approval, certification 

or endorsement of the device for any particular purpose or use. 

This lener 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 ii 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 findi ng of eligibility is limited to the crashworthincss of the system and does not cover other 

structural features. nor confonnity 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: MPS 350 truck-mounted attenuator (TMA) 


Type ofsystem: Crash Cushion 


Date of original request: December 6, 2002 


Date of original FHWA eligibility letter: March 5, 2003 


FHWA Control number: HSA-10/CC34B 


The pending modification(s) consists ofthe following changes: 

1. 	 Framework will be available in either painted or galvanized finish. The winch attachment 

brackets are changed to place the winch in a level, horizontal mounting position. This 

modification has no effect to the load bearing structural elements or to the previous astested performance. 

2. 	 Provide lighting systems in either 12 or 24 volt, and incandescent or LED type lights. 

This modification has no effect to the load bearing structural elements ofto the previous 

as-tested performance. 

3. 	 Add winch controls including both upper & lower limit switches, attitude tilt sensor, low 

voltage shut off and audible alarm. This modification is to improve winch performance 

has no effect to the previous as-tested impact performance. 

4. 	 Trapezoidal shaped formed plastic impact face cover with multiple striping patterns to 

meet specific state standards. The light weight and low strength plastic cover shape 

modification. will have no effect to the previous as-tested performance. 

5. Informative decal package. This modification has no effect to the previous as-tested 

performance. 

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

within the attached form. 
3 

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 of the device, are described in the attached 

form. 

Notice 

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

existing eligibility letter from FHWA, the manufacturer must notify FHWA 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. 

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. 

You are expected to certify 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 criteria ofthe NCHRP Report 350. 

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

letter 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 letter if: (1) there are any inaccuracies in 

the information submitted in support ofyour 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 version that was crash tested, or (5) any other 

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

complete information about the crashworthiness ofthe system. 
4 

Standard Provisions 

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

control number CC-34C shall not be reproduced except in full. This letter and the test 

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

documentation may be reviewed upon request. 

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

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

• 	 Ifthe subj ect 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 through competitive 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 equall y suitable alternative exists; or (c) 

they must be used fo r research or for a disti nctive type or construction on relatively short 

sections of road for experimental purposes. Our regulations concerning proprietary 

products are contained in Title 23, Code of Federal Regulations, Section 635.411. 

Sincerely yours, 

Michael S. Grifli th 

Director, Office of Safety Technologies 

Office of Safety 

Enclosures 
Version 7.2 (03/14) 

Page 2 of 4 

Request for Federal Aid Reimbursement Eligibility 

OfHighway Safety Hardware 

", 
 .. 

lj 

e 

.a

::s 

en 

Date of Request: June 13, 2014 ,; ____ (.New r. Resubmission 

Name: Bret Eckert, P.E. ......... ./'A-16..­

Company: Trinity Highway , /" 

Address: 

Country: 

3617 Cincinnati Ave., Rocklin, CA 95677 

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. 

System Type Submission Type Device Name I Variant Testing Criterion Test 

level 

'CC': Truck-Mounted 

Attenuators {TMAJ 

@:;Physical Crash Testing 

0 FEA & V&V Analysis 

MP5-3SOX 

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 NCHRP 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: Barry Stephens Same as Submitter D 

Company Name: Trinity Highway Same as Submitter [81 

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

Country: USA Same as Submitter D 

Modification to Existing Hardware Non-Significant - Effect Is positive or Inconsequential I 
Version 7.2 {03/14) 

Page 2 of 4 

Request for Federal Aid Reimbursement Eligibility 

Of Highway Safety Hardware 

Date of Request: June 13, 2014 ("New (i' Resubmission I 

Name: Bret Eckert, P.E. 

~ 

GI Company: Trinity Highway t: ·e Address: 3617 Cincinnati Ave., Rocklin, CA 95677

.a 

:I Country: Ill USA 


Michael S. Griffith, Director 
 To: FHWA, Office of Safety Technologies 

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

highway program. 

System Type Submission Type Device Name I Variant Testing Criterion Test 

Level 

'CC': Truck-Mounted 

Attenuators (TMA) 

(i' Physical Crash Testing 

(" FEA & V&V Analysis 

MPS-350X 

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: Barry Stephens Same as Submitter D 

Company Name: Trinity Highway Same as Submitter [:81 

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

Country: USA Same as Submitter D 

Modification to Existing Hardware Non-Significant - Effect is positive or Inconsequential I 
Version 7.2 (03/14) 

Page 3 of 4 

PRODUCT DESCRIPTION 

The Trinity MPS 350 Truck Mounted Attenuator was originally tested by Southwest Research Institute (SWRI) 

and awarded FHWA Eligibility Letter CC-34 in May of 1996 for a Test Level 2 device. Following a 108 kg weight 

reduction and the addition of slots in two layers of 16 gauge steel plate in the beam assemblies and subsequent 

SWRI conducted tests 3-50 and 3-51 and Report 06-4995-001, the FHWA Eligibility Letter CC-34A was awarded 

in October 1996 for a Test Level 3 device. In 2002 a 0.53 meter wider impact fence and strengthened 

attachment between the cutter assemblies and the structural supports increased the overall weight by 23 kg. 

This modification was tested by SWRI in NCHRP 350 tests 3-52 and 3-53 that resulted in FHWA Eligibility Letter 

CC-348 for the TL-3 TMA device with optional tests. 

This request is to accept the as-tested MPS 350 per CC-34, CC-34A and CC-348 with the following modifications: 

1. Framework will be available in either painted or galvanized finish. The winch attachment brackets are 

changed to place the winch in a level, horizontal mounting position. This modification has no effect to the load 

bearing structural elements or to the previous as-tested performance. 

2. Provide lighting systems in either 12 or 24 volt, and incandescent or LED type lights. This modification has no 

effect to the load bearing structural elements ofto the previous as-tested performance. 

3. Add winch controls including both upper & lower limit switches, attitude tilt sensor, low voltage shut off and 

audible alarm. This modification is to improve winch performance has no effect to the previous as-tested 

impact performance. 

4. Trapezoidal shaped formed plastic impact face cover with multiple striping patterns to meet specific state 

standards. The light weight and low strength plastic cover shape modification will have no effect to the 

previous as-tested performance. 

5. Informative decal package. This modification has no effect to the previous as-tested performance. 

The component modifications described above are considered Non-Significant, Effect Positive or 

Inconsequential and request the FHWA. The Testing Laboratory's signature concurs that these modifications 

are considered Non-significant and the effect is Positive and Inconsequential. 

CRASH TESTING 

A brief description of each crash test and its result: 

Required Test 

Number 

Narrative 

Description Evaluation Results 

3-50 (820C} 

Original Laboratory Test No. EX-TMA-9. Date of Test 9/4/96. Crash 

Test Report No 06-4995-001. Test 3-50 is requested to be waived 

for this modification as no changes to the load bearing path of the 

device have been made. All modifications do not affect the astested structure of the MPS-350. This modification is considered 

non-significant with inconsequential effect. 

WAIVER REQUESTED 

S3-50 {700C) Optional Test 

3-51 (2000P) 

Original Laboratory Test No. EX-TMA-6. Date of Test 3/1 /96. Crash 

Test Report No 06-4995-001. Test 3-51 is requested to be waived 

for this modification as no changes to the load bearing path of the 

device have been made. All modifications do not affect the astested structure of the MPS-350. This modification is considered 

non-significant with inconsequential effect. 

WAIVER REQUESTED 

3-52 (2000P} 

Original Laboratory Test No. MPS-SWED. Date ofTest 4/15/02. 

Crash Test Report No 18.04177.01.012. Test 3-52 is requested to be 

waived for this modification as no changes to the load bearing path 

of the device have been made. All modifications do not affect the 

as-tested structure of the MPS-350. This modification is considered 

non-significant with inconsequential effect. 

WAIVER REQUESTED 
Version 7.2 (03/14) 

Page 4 of 4 

Required Test Narrative Evaluation Results Number Description 

Original Laboratory Test No. MPS-3-53. Date ofTest 8/26/02. Crash 

Test Report No 18.041 77.01.015. Test 3-53 is requested to be 

waived for t his modification as no changes to the load bearing path 3-53 (2000P) WAIVER REQUESTED of the device have been made. All modifications do not affect the 

as-tested structure of the MPS-350. This modification is considered 

non-significant with inconsequential effect. 

Full Scale Crash Test ing was done in compliance with Report 350 by the following accredited crash test 

laborato ry (cite the laboratory's accreditation status as noted in the crash t est reports.): 

Test ing Laboratory's signat ure concurs t hat these modificat ions are considered Non-Significant and the 

effect is positive or inconsequentia l. 

Laboratory Contact Signature: Jenny Ferren :£:;:;:;:-:=::..:.--:: - ............-­,..,__ ......._______.,. •1 

Laboratory Name: Southwest Research Institute 

Laboratory Contact: Jenny Ferren Same as Submitter 0 

Address: 6220 Culebra Dr., San Antonio, TX 78238 Same as Submitter 0 

Country: USA Same as Submitter 0 

Accreditation Certificat e 

Number and Dat e: 

ISO/IEC 1 7025:2005; A2LA Certificate Number: 1110.02, 03/31 /2016 

[):;.Ull'/~ll)nc-db'f6t'1 (dft'1 

Submitter Signature": Bret Eckert ~~·:;~~"".;,';,.,"':.."~~ 0..1r 10"0609C8 s·J3 0700' 

ATIAC HMENTS 

Attach to this fo rm: 

I) A copy of the full test report, video. and n Test Dnta Summary Sheet for cnch test conducted in 

support or this request. 

1) A drawing or drawings o f the clcvice(s) that conform to the Task Forcc-1 3 Drawi ng Spccilications 

[Hard" arc Guide Ora\\ joy Standards]. For propril!tar: products. a single isometric line dra\\ ing is 

usually acceptable to illustrate the product. \\ ith detailed specifications. intended usl!. and contact 

infonnation provided on the reverse. Additional clra\\ ings (not in TF- 13 format) shO\\ ing details that 

are key to understanding the perfo rmance of the device should also be submitted to fac ilitate our 

review. 

FHWA Official Business Only: 

Eligibility Letter AASHTO TF13 

Num ber Date Designator Key Wo rds 

CC34C September 05, 20 14 TMA, NCHRP Report 350, TL3 
SOUTHWEST RES EARC H I NS TITUT E® 

5220 CULE6RA ROAD • POST OFFICE DRAWER 28510 • SAN ANTOr<ro. TEXAS USA 78228·0510 • (210) 584·5111 • WNW SWRI ORG 

l\lcch:rnical Engirn.:c:ring Di\"ision 

June 6, 20 14 

Gregory A. Neece 

Director, Emerging Producls 

TriniLy Highway Products, LLC. 

2525 Stemmons Frcewav 

D:ill:is, TX - 520..i 

E-m:iil: greg.neccc({l t rin.net 

.fol!Jert: 	 SwRl ~ Review of Trinity Submittal LO rH\\11\ for l\IPS-350X Truck-1\ lounccd J\ ttcnu:nor (fl\11\) ­

Request for Fcd1.:ral 1\id Reimbursement Eligibility of Highway Safely Hardware, r\pril 25, 2014 

Dear .\Ir. Neece: 

Thank you for contacting Southwest Research Institute (Swill) rt:h>:trding your request for federal aid 

reimbursement eJjgibility or highway safety hardware for the l\IPS-350X truck-moumed arrcnuaror A). It 

is our understanding your proclucl has undergone se,·cral modifications, and you arc requesting it be acceplcd 

by Lhe Federal Highway 1\clminislration (FH\\'A) based on pre\·icms testjng by Swill due to thc nature o f the 

modi ficarions. 

\\'c concur with the following product description based on the crash resting summarized in Table I, both 

submitted with your request 10 FH\\ 11\, that the component modifications described are considc:red nonsignificant, and the effect is inconsc<1ucntial. 

The Tlini!y MPS-350 tmrk-11101111/t'd t1lten11nlor 11 yu Ol~~inal!J· tested 0• Southwest Rrsemrh /nslil11te (SwRl) t11lfl tlll'tmfed 

F/ 111"'/l eligibilil)• /el/er CC-34, in Mq;· of 1996, for n 'J'e.rl I..ere/ 2 derire. Folloll'in,~ '' 108-k..~ weight n•d11rlion miff the 

atldilion ofslot; in /Jro lq;·ers of 16:~'"(!!,f sleelplate in lbe bet1111 n.rse111hliu, t1nd s11bseq11e11/ S11•Rl rond11rled tesls 3-50 and]. 

SI 11nd reporl 06-J.995-001, lhe Fl /!r/ 1 eligibilil)• /el/er CC-J.1..-l 11 ·a1 t1mmled i11 Orlober 1996 for a Test Lerel 3 derirt'. 

1112002, n 0.53-111eter 111"der i111pt1tlfenre and strengthened t1tlt1rh111mt bel11een the mtkr t1sse111blies and the st111rl11ral mpports 

inowsed the orerall weighl f!)· 23 k,~. This 111od!Jicnlion 11 ·as Jested I~)' Su•R f in J\ 'CF-IRP 350 tests 3-52 and 3-53 tbal res11/lt'ff 

in I:r llli'/1eligihili!J•let/er CC-34 H.for lhe TL-3 TM/I derire wilh opli(/llt1/ lests. 

This req11esl is lo nrrept lhe ns-leslerl i\1PS-35 0 per CC-3./, CC-J.-1.- 1mu/ CC-3./ B ll'ilh lht followi1{~ 111odijirations: 

1. FrameuYJrk will be al'tlilnble in eilberpainted or gnll'tmiz.r!dfinish. The winrh altt1d1111e11/ brnrkels are rbat{~ed lo 

plare l/Je winrh in ti /ere/, boli::;pnlt1l 11101111li1'!, posilion. This 111od!Jimlio11 ht1s no efferl to the load benri11g s/111r/11ml 

ele111ents or lo lbe prerio11s ns-/uled peifon/l(mre. 

2. Pr01•ide li,_~hting S)'J/e1111 in either 12- or 24-roll, t11/(I i11m11desrmt or I f) !J1Jt' /i,_~bts. This 111od!Jimtion ht11 110 

~/feet to the load et ,{~ stmrt11ml ele111ents or lo theprrrio11s t1S-lt!Sted peifom1t111re. 

3. Add winch ro11ltV/s i11r/11t!i1{~ both 11pper and lom:r lii11it switches, t1llit11de tilt se11so1; low /!()//age sh11t qfl f/l/(I 

audible a/mm. '/'his 111odijiratio11 i; lo imp1vre winr/1 peifomu111re ht1s 110 ~ffect to the prerio11s as-tested impm·/ 

peifor111rmce. 

./. Trapezpidal sbttpedformed plaslir i111pt1dfare rorr!r with 11111/tipl( stripin..~ pttllrms lo 111eet sper!Jir state slt1111lard1. 

The ligbl u·eight tmd /011 • JlmWh plt1.1tic rorer 1bt1pe 111odijimlio11 will harr 110 effert to the prerio11; tlJ·leJlt"d 

peifon11a1tre. 

5. btfon11atire derttlparh{f!,t'. Thi1 mod!Jiration bas no effirl lo the prerio11s ns-/eslfripeifomlfmre. 

HOUSTON, TEXAS (713) 977- 1377 • DETROIT. MICHIGAN (2 48) 353·2550 • WASHINGTON. DC (301) 881-0289 

Page I 01'2 
T a bl c 1 : S ummaryof Pt CVlOUS C rashTCSlJnl? b IV S W RJ 0 fT nmtv . . MPS -35 0 T ruck-M ountcd Attenuator 

Required Test 

Number Narrative Dc:scriptio11 Evaluadon Results 

J-50 (820C} 

On'gi11al laboratory Ml 110. EX-TMA-9. Oat( oft(J/: 9/4/96. Crarh 

tut nport 110. 06-1995-001. Tu t J-50 i1 nq11uttd to b( wail'td for thiJ 

modijica/1011 OJ 110 cha11gu lo the load bmn"11J path ofth( dt11ia have bm1 

modt. Allmodifico110111do1101 affut lht tJJ-ttJ!td Jtmi-l11n ofthe MPSJ50. Thi1 modifi(afio11 iJ <r)IJJidtnd 11011-1ig11ijica111 with i1ffo11uq11m tial 

tjfect. 

IP'AIVER REQUESTED 

(baJtd 011 pm•iollf /uti11!,) 

S3-50 (lOOC) Optio11al lnl N/A 

3-51 (2000P) 

On"gi11al laborarory tut 110. EX-TiWA-6. Datt ofle11: 3/ 1/96. Cra1h 

tut nport 110. 06-4995-001. Tat 3-51 it nq11u1ed to be waitJ1!dfor thi.r 

111odijiratio11aJ110 cha11gu lo the load btan"11gpath of!ht devia ha11e bw1 

made. All111odificatio111 do 1101 affe•·t the 01-ltJ/(d 1lmcl11n ofthe MPS350. Thi1 modifica/1011 iJ ro1wll1red 11011­1ig11iji(a11/ with i111-0111rq11mtia/ 

iffect. 

IWAIVER REQUESTED 

(baud 011 pm•io111luli11,g) 

J-52 (2000P) 

Ongi11al laboratory tut 110. MPS-SWED. Dattoftut:.//15/02. Cra1h 

tut rrporl 110. 18.0./ 171.01.012. Tut 3-52 i1 rrq11uted to bt waind for 

thir 111odijimtio11 01 110 cha11gt1 to !ht load btan"11gpath ofthe de/lier hat't 

bun made. All modifimtio111do110/ qffect tlu aJ-/tJltd Jlrnrlun of!ht 

MPS-350. Thir 111odififalio111i fo111idmd 11011-1ig11ifica11/ with 

117AIVER REQUESTED 

(baud 011 pm•iom tuti11g) 

i11ro11uq11mtialef{et"I. 

J-53 (2000P) 

On"gi11al laboratory fut 110. MPS-J-53. Datt ofleJI: 8/26/02. Cra1h 

tu/ nport 110. 18.0-1177.01.015. Tut J -53 i1 nq11nted lo be u•ai11tdjor 

thir modificalio11 01110 changn lo th( load btan·11gpath ofthe du•icr han 

bu11 made. All modijira/10111 do 1101 affirt !ht 01-tnted 11mrt11n of!ht 

1\ILPS-350. ThiJ 111odijicatio11iJro111idmd11011-1ig11ifiiv11/ with 

117AIVER REQUESTED 

(baud 011 pnl'io111 /ati11,g) 

i11ro11Jeq11mtial effect. 

Sa1R/ &1irw ofTri11ity S11b111iflal to FH lllA fa r MP S-3 50X Tnrrlr. -Mo1111trd Allwuator (171 LA) )11m 6. 20/.I 

If you have any questions regarding this matter, feel free co contact me directly at (210) 522-2577, by f'AX at 

(2 10) 522-3042, or by E-Mail ;it oliver.harrison@swri.org. 

Sincerely, 

Oliver Harrison 

Research Engineer 

APPROVED: 

Page 2 of2 
3617 Cincinnati Ave, Rocklin, CA 95765 

(916) 645-8181 Fax No (916) 645-3495 

July 21. 2015 

Mr. William P. Longstreet 

Highway Engineer, Safety Design Team 

Office of Safety Technologies, Rm E71-107 

Federal Highway Administration 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: MPS-350x® Disclosure of Financial Interest, FHWA Review for Eligibility Letter 

Mr. Longstreet, 

On behalf of Trinity Highway Products, LLC ("THP"), I am responding to your 

email requesting details of any financial interest that the crash test laboratory has in the 

MPS 350x® system, manufactured by THP. 

As noted in THP's request for eligibility for reimbursement under the Federal-aid 

highway program for this product, the MPS 350X® system is a modification of the MPS 

350® system previously deemed eligible by the FHWA pursuant to HNG-14/CC-34, 

HNG-14/CC-34A, and HSS-10/CC-348. The MPS 350® system was designed and 

developed by James Albritton of Exodyne Technologies. The patent holder of record for 

the MPS 350® system is James Albritton. The associated United States Patent Office 

patent numbers (5,947,452 and 8,714,966) are assigned to Exodyne Technologies and 

Trinity Industries, Inc, respectively. As a modification of the MPS 350® system, the 

MPS 350X® patents and financial interests are the same as the MPS 350®. 

The MPS 350X® technology is the commercial embodiment of intellectual 

property that is protected by patents that are owned by Exodyne Technologies and 

Trinity Industries, Inc. However, Exodyne Technologies licenses the right to 

manufacture and sell that commercial embodiment, known as the MPS 350X® system to 

THP. 

THP has sponsored certain crash tests of the MPS 350® system, which were 

conducted by Southwest Research Institute ("SwRI"). SwRI is an International 

Standards Organization ("ISO") 17025 accredited laboratory with American Association 

for Laboratory Accreditation (A2LA) Mechanical Testing certificate 1110.02. Full-scale 

crash testing on the MPS 350® was performed in accordance with testing criteria, as set 

forth by the National Cooperative Highway Research Program ("NCHRP") in the 

NCHRP Report 350 (1993). 
Furthermore, SwRI is an independent test lab. As such, SwRI and THP have no 

common financial interests in or related to the MPS 350X or with regards to one 

another. Over 20 years ago, SwRI developed the CAT and VAT guardrail end terminal 

systems which were licensed to Syro Steel Company. Syro Steel Company merged 

with Trinity companies in 1992. The patents expired on both of these designs in April 

2007, and the royalty arrangement between THP and SwRI also ceased. All of the SwRI 

inventors of those products retired from SwRI several decades ago. As of today, THP 

simply engages SwRI to perform certain tests and to objectively report the results. 

Please advise if further information is required by the FHWA. We look forward to 

continuing to work with the FHWA in regards to the MPS 350X® and other Roadside 

Safety Hardware. 

Sincerely, 

Bret Eckert, P.E. 

Engineering Applications Manager 

Trinity Highway 

Office 916-644-9131 

bret. eckert@trin.net