The Federal Highway Administration (FHWA) has just released new guidance which involves 23 CFR 635.411, covering the use of patented and proprietary products. The new guidance will assist state DOTs in determining “when it is in the public’s best interest to use proprietary products when no equally suitable alternative exists”. The new guidance “clarifies the process whereby states may certify that no suitable alternatives exist and when a public interest finding by FHWA is required”. The guidance also calls for the posting of FHWA’s approval of public interest findings on the administration’s website and encourages the posting of state DOT certifications on the AASHTO Product Evaluation List website.
In a press release, AASHTO’s Executive Director stated that ” “AASHTO is delighted that the FHWA has delivered on President Obama’s mandate to get unnecessary government restrictions out of the way”. “With this additional flexibility, states no longer have their hands tied. They can now turn to innovative, better performing, and longer lasting solutions to complete projects faster and smarter – saving lives, time, and money.” The AASHTO press release also stated that “Innovations that minimize the impact of vehicle crashes and increase the visibility of road signs are among hundreds of cutting-edge products that will now be more easily available to states due to new guidance released by the Federal Highway Administration.”
References and Resources
FHWA Cuts Red Tape, Frees State DOTs to Deploy Innovative Solutions
AASHTO Product Evaluation List (APEL) Website
Questions and Answers Regarding Title 23 CFR 635.411
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