by Bryan Gee, P.E., on Oct 11, 2019 2:00:00 PM
Good news arrived on September 23rd when the Federal Highway Administration repealed 23 CFR 635.411(a)-(e). As a result, State DOTs will no longer be required to provide certifications, make public interest findings, or develop research or experimental work plans to use patented or proprietary products in Federal-aid projects. This change is intended to foster innovative approaches to solve our country’s infrastructure problems. Now states will have greater latitude to use proprietary products that will save money, increase efficiency, or improve safety.“This much-needed update of a century-old, obsolete rule will benefit state transportation infrastructure projects and save millions of taxpayer dollars,” said U.S. Transportation Secretary Elaine L. Chao.
According to Federal Highway Administrator Nicole R. Nason, “This final rule promotes innovation by empowering states to choose which state-of-the-art materials, tools, and products best meet their needs for the construction and upkeep of America’s transportation infrastructure.” Tensar recently met with representatives from Rhode Island and Massachusetts DOTs who echoed this statement and looked forward to implementing more cost-effective construction options.
Tensar, along with Geosynthetic Materials Association, American Road and Transportation Builders Association and our other industry partners applaud this move by the FHWA. “We are very pleased with the change in rules from the FHWA,” said Mike Lawrence, CEO of Tensar. “This will lead directly to better, more cost-effective, safer, and longer-lasting roads in the U.S. It will also allow trusted, innovative, U.S.-manufactured products and services to be adopted quickly, leading to much faster improvements in our nation’s roads and infrastructure.”