Federal Highway Administration November 14, 2018 – Federal Register Recent Federal Regulation Documents

Construction and Maintenance-Promoting Innovation in Use of Patented and Proprietary Products
Document Number: 2018-24687
Type: Proposed Rule
Date: 2018-11-14
Agency: Federal Highway Administration, Department of Transportation
This rulemaking would provide greater flexibility to States to use proprietary or patented materials in Federal-aid projects. The FHWA is seeking comment on two alternate co-proposals to help advance this objective: First, FHWA proposes to amend and replace the requirements relating to patented and proprietary product approvals with a more flexible general requirement that enhances fairness, open competition, and transparency in the product selection process. Alternatively, the agency proposes rescinding the requirements, thereby encouraging further innovation in the development of new highway transportation technology and methods, as well as potentially reducing costs.