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This memo was canceled on 10/09/12 by David Nicol's memo "MAP-21 Section 1525 Interim Policy Guidance"

Subject: INFORMATION: SAFETEA-LU Section 5514 Date: October 6, 2005
From: /s/ Original signed by:
Dwight A. Horne
Director of Program Administration
Refer To: HIPA-30
To: Division Administrators
Resource Center Directors and Operations Managers
Directors of Field Services

Section 5514 of the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users," enacted August 10, 2005, requires the Secretary, within 180 days, to "... ensure that States provide for competition with respect to the specification of alternative types of culvert pipes through requirements that are commensurate with competition requirements for other construction materials, as determined by the Secretary."

On May 11, I issued the attached memorandum that clarified the Federal Highway Administration's (FHWA) policy and interpretation of the applicability of Appendix A of Subpart D of 23 CFR 635.411. Specifically, this memorandum provides that the intent of Appendix A is to require competition in the specification of alternate types of culvert pipes, and should not be interpreted as favoring one type of product over another. We believe the May 11 memorandum accomplishes the result that Section 5514 was intended to achieve - ensuring that Appendix A is not interpreted so as to restrict competition in the specification of alternate types of culvert pipes. By retransmitting this memorandum, the FHWA hereby reaffirms the interpretation of the May 11 memorandum and complies with the requirement of Section 5514.

The FHWA will consider this issue and other potential revisions to 23 CFR 635 during future rule making.


John Huyer
Office of Program Administration
E-mail John

Updated: 10/11/2012

United States Department of Transportation - Federal Highway Administration