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Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


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Construction

Construction Program Guide

Experimental Work Plans for Proprietary Products

FHWA policy allows for the use of experimental materials, processes, methods, equipment, traffic operational devices or other features that:

  1. have not been sufficiently tested under actual service conditions to merit acceptance without reservation in normal highway construction, or
  2. have been accepted but need to be compared with alternative acceptable features for determining their relative merits and cost effectiveness.

Specifically, 23 C.F.R. 635.411(a)(3) allows for the use of patented or proprietary items through experimental projects

Authority/Legal Basis

  1. Laws
    • Title 23 U.S.C. 315 provides very broad authority for the Secretary of Transportation to prescribe regulations to carry out the Federal-aid highway program. However, there are no specific statutes dealing experimental work plans.
  2. Regulations
  3. Orders
    • None
  4. Policy

Guidance

  1. General Information
  2. Training
Updated: 12/11/2013
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000