AASHTO Journal, 2 December 2011
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 state transportation departments due to new guidance released by the Federal Highway Administration.
Industry groups and members of Congress have long criticized implementation of the regulations prohibiting the specifications of better-performing innovative products on federal-aid projects simply because the products were patented or proprietary. Under the new guidelines, state transportation departments will be better able to use the existing certification process to use proprietary products when no equally suitable alternative exists.
“AASHTO is delighted that FHWA has delivered on President Obama’s mandate to get unnecessary government restrictions out of the way,” said John Horsley, executive director of the American Association of State Highway and Transportation Officials. “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 new guidance — which involves FHWA’s regulations at 23 CFR 635.411 covering the use of patented and proprietary products — clarifies the process whereby states may certify that no suitable alternatives exist and when a public interest finding by FHWA is required. It also encourages the posting of FHWA’s approval of public interest findings on the administration’s website and of state DOT certifications on the AASHTO Product Evaluation List website.
APEL will also provide manufacturers an opportunity to submit proprietary products for independent evaluation by AASHTO. The evaluation reports will be posted for all states to use in their certification reviews. APEL will be fully functional for posting product certification and submittal of products for evaluation on Jan. 1.
“Innovation is critical to our work at FHWA, and we not only encourage it but will work with our state partners every step of the way to make it happen,” said FHWA Administrator Victor Mendez. “We believe this guidance will make it possible for states to take advantage of breakthroughs in private industry to deliver safer and better highways and bridges.”
The guidance continues to support the principle of competition in the selection of materials whenever more than one equally suitable product exists to fulfill project requirements. However, it also clarifies that additional approvals are not required when proprietary products are evaluated in FHWA-sponsored programs such as Highways for Life, Innovative Bridge Research and Deployment, and Innovative Pavement Research and Deployment.
“It is crucial in this austere economic environment that all roadblocks to the use of new technologies be removed,” said Pete Ruane, president and CEO of the American Road & Transportation Builders Association. “FHWA is to be commended for recognizing this reality. All of our citizens will directly benefit from safer and more durable roads as a result, and taxpayers will see a greater return on their investment.”
FHWA has posted answers to 27 frequently asked questions regarding 23 CFR 635.411 at 1.usa.gov/FHWA011106.