Senators Urge GAO To Investigate Federal Highway Administration Framework Following Questionable Testing Of Potentially-Defective Guardrails
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(Washington, DC) – Today, U.S. Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Edward Markey (D-Mass.), Mark Warner (D-Va.), Sheldon Whitehouse (D-R.I.) and Tim Kaine (D-Va.) wrote to Gene Dodaro, Comptroller General of the United States and the U.S. Government Accountability Office, to request a formal investigation into the framework of the Federal Highway Administration (FHWA) following the continuation of troubling developments regarding the FHWA’s evaluation of defective ET-Plus guardrail and end terminals. In a joint letter, the Senators noted the questionable safety of certain roadside devices which the FHWA approved and provided grants to states for widespread utilization of these devices and requested the Comptroller and GAO conduct an investigation to address seven areas of concern. “The developments over the past several months raise serious questions about the effectiveness of the current framework for evaluating the reliability and integrity of roadside hardware products, including guardrail end terminals. Under the current oversight regimen, several parties are involved in setting safety standards and evaluating whether roadside hardware devices meet appropriate criteria,” they wrote. “FHWA, as the guardian of federal taxpayer dollars, has a unique and vital role and responsibility in ensuring that roadside hardware has been properly vetted for safety purposes and is eligible for reimbursement with federal funds.” Controversial testing of FHWA-approved ET-Plus guardrail end terminals recently took place in Texas and a video of the eighth and final test has raised considerable concern by members of Congress and their constituents. Full text of the Senators’ letter to Mr. Dodaro at the GAO can be viewed here and below: The Honorable Gene Dodaro Comptroller General of the United States United States Government Accountability Office 441 G Street, Northwest Washington, District of Columbia 20548 Dear Mr. Dodaro: The Federal Highway Administration (FHWA) disburses about $40 billion annually to states for projects to build, improve and maintain the nation’s highways and bridges. These projects incorporate important safety features, including roadside safety hardware devices like reflectors, steel guardrails, sign posts, concrete barrier walls, and breakaway highway lighting poles, among other equipment critical to the safety of the traveling public. In recent months, we have witnessed a host of troubling developments that call into question the safety of certain roadside devices known as highway guardrail end terminals. In October 2014, a federal jury in Texas returned a $525 million verdict against a manufacturer of these devices who was alleged to have altered their specifications without notifying federal authorities. Since then, dozens of states have suspended installation of these devices on their roads. Some experts have voiced concerns about the devices as well. We are committed to looking closely at this issue. As a group of senators that includes both the ranking member of the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security as well as the ranking member of the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security, we feel a particular responsibility to ensure that a strong and effective oversight regimen exists. The developments over the past several months raise serious questions about the effectiveness of the current framework for evaluating the reliability and integrity of roadside hardware products, including guardrail end terminals. Under the current oversight regimen, several parties are involved in setting safety standards and evaluating whether roadside hardware devices meet appropriate criteria. These entities include FHWA, the Transportation Research Board, the American Association of State Highway and Transportation Officials, research facilities, and device manufacturers. FHWA, as the guardian of federal taxpayer dollars, has a unique and vital role and responsibility in ensuring that roadside hardware has been properly vetted for safety purposes and is eligible for reimbursement with federal funds. We write requesting that GAO investigate the current framework, specifically addressing the following topics: 1. The role that FHWA is obligated to play in ensuring the safety and sufficiency of roadside hardware. 2. The role the agency actually plays in ensuring the safety and sufficiency of roadside hardware and whether and how this differs at all from the role the agency is required to play. 3. The regulatory process for developing standards for roadside safety hardware. 4. The respective roles that FHWA, other federal agencies, states, trade associations, research facilities, device manufacturers, and any other parties play in the development of safety standards. 5. The testing process for roadside safety hardware, including the thoroughness and transparency of the process. 6. The mechanisms in place to mitigate any actual or apparent conflicts of interest between entities with a commercial interest in roadside safety hardware and entities (a) developing standards and (b) testing roadside safety hardware. 7. The adequacy of government-maintained and publicly available information about the quantity and location of particular types of roadside safety hardware devices installed on public roads, as well as the performance of those devices. 8. Any additional actions that FHWA or Congress can take to ensure the safety and sufficiency of roadside safety hardware. There may be many other issues you encounter in your study besides those we have laid forth above, and we urge you to pursue those as appropriate. Your efforts will help as we work to ensure that taxpayers can rest assured that federal dollars are only spent on safe, trustworthy and reliable products. Sincerely, RICHARD BLUMENTHAL United States Senate CORY BOOKER United States Senate EDWARD J. MARKEY United States Senate MARK WARNER United States Senate SHELDON WHITEHOUSE United States Senate TIM KAINE United States Senate
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