FHWA Clarifies That Agencies Can Use Federal Funds to Pay for Product and Process Breakthroughs

A new regulation set forth by the Federal Highway Commission (FHWA) just may infuse more competition into the private sector and be better for the construction and preservation of our roadways.

Federal regulation 23 CFR 635.411, offers the potential for many high-tech and innovative products to be used in state projects. These proprietary products are designed to increase safety, durability and longevity of our country's bridges and highways.

If a state can clearly prove that is in need of an exclusive product or project, it is not prohibited from utilization even if it is more expensive.

"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 and Transportation Builders Association (ARTBA). "FHWA is to be commended for recognizing this reality. All citizens will directly benefit from safer and more durable roads and bridges as a result, and taxpayers will see a greater return on their investment."

This new FHWA federal regulation provides each state the steps necessary to apply for a patented or proprietary product in cases when there are not viable options. Seemingly, the application process is quite simple. The state must supply a certificate to the FHWA demonstrating that main stream products are ineffective and only the alternative new (and more expensive) technology can foot the bill.

This is good news for all of us who are dedicated to the preservation of our highways and bridges.