U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration

Construction

 

Construction Program Guide

Patented and Proprietary Products

On September 27, 2019, FHWA issued a final rule in the Federal Register rescinding the long-standing regulatory provisions for patented or proprietary products in 23 CFR 635.411(a)-(e). This rule provides greater flexibility and encourages innovation in the selection of proprietary or patented materials. It eliminates the requirements limiting the use of Federal funds in paying for patented or proprietary materials, specifications, or processes. In the final rule, FHWA also changed the title of section 635.411 to "Culvert and Storm Sewer Materials Types." Under its new title, the former paragraph (f) of section 635.411 will be retained to fulfill the mandate of section 1525 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) for States to retain autonomy for the selection of storm sewer material types.

Rulemaking documents to revise FHWA policy for 23 CFR 635.411 Material or Product Selection

Archive

Updated: 10/10/2019
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000