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Washington, DC 20590
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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

Laws
  • 23 USC 5 Research, Technology, And Education (2015) provides the authority for the Secretary of Transportation to fund and conduct surface transportation research, development, and technology, including research and technology development and deployment, as well as training and education.
Regulations
  • 23 CFR 635.411(a)(3) (04/01/2013) provides the regulatory requirement for patented or proprietary material or products.
Policy

Guidance

General Information
Training
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Updated: 06/27/2017
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000